考完返來了，都OK。一條題目，考Request for further and better particulars，其實個重點，除了是問那些（who, where, when, how之外),今次個題目話明個defendant對你的instruction係從來都沒有sign個contract, 佢懷疑是俾佢踢走的director sign的，所以在每一個paragraph，我都會問: State who on behalf of the Defendant signed the contract．．．
其實都唔係好明要用什麼wordings去問，copy了幾個precedent d wordings，去到都是變下佢．．問來問去都是個agreement係唔係oral, in writing, by conduct...邊一個問，幾時問，什麼地方問．．．重點是material facts, not evidence...
當然還有format同back sheet, 不過tutor話in practice通常都是用letter．
HCA1356/2XXX
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. OF 2XXX
Between
[ ] Plaintiff
and
[ ] Defendant
REQUEST FOR FURTHER AND BETTER PARTICULARS
OF THE STATEMENT OF CLAIM
I. Under paragraph 1
Of: “30th October 200X the Plaintiff and Defendant entered into an oral contract.”
1. (is it a oral or written c?)
a) (oral contract -> who may the oral contract, parties, when made it, where, in whose office? what are terms of oral c?)
b) (written contract -> likely u have the copy of the contract, and signature of the contract -> you have already who sign, terms etc)
2. (you client may not have one contract with the Plaintiff, so need to be specific. E.g. a supplier, series of transaction every day ->specifically what contract? what are goods? What are the products?
Request
(1) Give full particulars of the manner in which it is alleged that the Plaintiff and the Defendant entered into an oral agreement, giving full and proper particulars of the oral conversations alleged to constitute the contract.
(2) Without prejudice to the generality of the preceding request, in relation to each and every conversation that is alleged to have taken place state:
(i) who took part in those conversation;
(ii) what was said in those conversation.
a) when and where did the conversation take place;
b) who on behalf of the Defendant had the alleged conversation with the Plaintiff; and
c) who on behalf of the Plaintiff had the alleged conversation with the Defendant.
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