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1. Hospital Authority is going to make a proposal to build a new and well- (70 marks) equipped hospital in Tsing Yi. Since this proposed project is considered as a major development for Hospital Authority, the HKSAR is concerned with the aspects of cost, quality and time. The Hospital Authority expects to have a clear indication of the cost implications before putting the cost proposal of this particular project forward to Financial Committee under the Legislative Council for funding consideration and approval. Hospital Authority is also concerned with the cost-control aspect and intends to commence the work at a reasonable time due to the public accountability and expectation. Please give advice to the Hospital Authority with appropriate reasons, in choosing the most appropriate Tendering Method and Contractual Arrangement for this proposal of the new construction of a well- equipped hospital in Tsing Yi for the user's consideration. Please also provide your suggestions of another important areas in the aspects of the following: Payment Term, Variation Evaluation, iii) Insurance and Bond, iv) Extension of Time, Dispute Resolutions and vi) Liquidated Damage in accordance with the terms and conditions set in the proposed contract. 2. Analyse what the principle(s) of Contract and/or Tort Law is and/or are adopted and answer the queries in the following cases:- a Mr Tan offered to purchase shares in the claimant company at the price of HK$45.00 per share. Two months later the claimant accepted his offer by which time the shares at the price of HK$42.00. However, Mr Tan refused to go through with the sale. Whether Mr Tan should pay the difference of the price for his offer or it is claimable by the claimant? Explain? (5 marks) Dr Atkin looked at the menu and ordered a bottle of coffee produced by a famous coffee manufacturer at Star Caf, a pretty young lady brought the bottle of coffee with clear glass and some ice. Dr Atkin paid for that order and focused on the lady how nicely to serve the coffee into the glass who found so pleasure without any problem. Unfortunately, he found a dead ant in the glass of coffee indeed. What do you observe under the above circumstance? (9 marks) Duncan joined a construction company and seconded to work as a salesman for the construction plant and required to work for 50 hours per week. He found that he signed to work for 44 hours per week under an employment contract without seal at the time before he left the company. Whether he is still able to claim for the additional working hours or not. (9 marks) Mr Fox made an advertisement to sell his flat in HK$9 million and receive a phone call from the claimant who offered to buy his flat on Tuesday and subject to the agreement to be made by the weekend. Mr Fox confirmed to sell his flat to Miss Pink in HK$9.5 million and told the claimant this. Therefore, the claimant took an appeal of the action to the tribunal and asked for the share of the profit HK$250,000.00. Whether the claimant appeal be a success or not? Explain? (7 marks) 1. Hospital Authority is going to make a proposal to build a new and well- (70 marks) equipped hospital in Tsing Yi. Since this proposed project is considered as a major development for Hospital Authority, the HKSAR is concerned with the aspects of cost, quality and time. The Hospital Authority expects to have a clear indication of the cost implications before putting the cost proposal of this particular project forward to Financial Committee under the Legislative Council for funding consideration and approval. Hospital Authority is also concerned with the cost-control aspect and intends to commence the work at a reasonable time due to the public accountability and expectation. Please give advice to the Hospital Authority with appropriate reasons, in choosing the most appropriate Tendering Method and Contractual Arrangement for this proposal of the new construction of a well- equipped hospital in Tsing Yi for the user's consideration. Please also provide your suggestions of another important areas in the aspects of the following: Payment Term, Variation Evaluation, iii) Insurance and Bond, iv) Extension of Time, Dispute Resolutions and vi) Liquidated Damage in accordance with the terms and conditions set in the proposed contract. 2. Analyse what the principle(s) of Contract and/or Tort Law is and/or are adopted and answer the queries in the following cases:- a Mr Tan offered to purchase shares in the claimant company at the price of HK$45.00 per share. Two months later the claimant accepted his offer by which time the shares at the price of HK$42.00. However, Mr Tan refused to go through with the sale. Whether Mr Tan should pay the difference of the price for his offer or it is claimable by the claimant? Explain? (5 marks) Dr Atkin looked at the menu and ordered a bottle of coffee produced by a famous coffee manufacturer at Star Caf, a pretty young lady brought the bottle of coffee with clear glass and some ice. Dr Atkin paid for that order and focused on the lady how nicely to serve the coffee into the glass who found so pleasure without any problem. Unfortunately, he found a dead ant in the glass of coffee indeed. What do you observe under the above circumstance? (9 marks) Duncan joined a construction company and seconded to work as a salesman for the construction plant and required to work for 50 hours per week. He found that he signed to work for 44 hours per week under an employment contract without seal at the time before he left the company. Whether he is still able to claim for the additional working hours or not. (9 marks) Mr Fox made an advertisement to sell his flat in HK$9 million and receive a phone call from the claimant who offered to buy his flat on Tuesday and subject to the agreement to be made by the weekend. Mr Fox confirmed to sell his flat to Miss Pink in HK$9.5 million and told the claimant this. Therefore, the claimant took an appeal of the action to the tribunal and asked for the share of the profit HK$250,000.00. Whether the claimant appeal be a success or not? Explain? (7 marks)

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