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acceptance action agreed agreement Appeal English apply assignment Bank benefit bill breach of contract buyer Chapter Chitty chose in action claim collateral warranties common law condition consideration Corporation Court of Appeal covenant creditor damages debt debtor Defendant's discharge document duress effect enforce entered entitled equity exemption clause fact frustrated Held HKLR Hong Kong House of Lords Ibid illegal Illustration Plaintiff innocent party intention land lease liability Lloyd's Rep Lord Denning Lord Wilberforce loss memorandum misrepresentation mistake obligation offer offeror Ordinance Cap Owners payment person Plaintiff sued principle promise promisor purchase Railway reasonable refused relief remedy representation rescission restrictive covenants Revised Edition rule Shipping specific performance statement Statute of Frauds stipulated sued Defendant tender third party tort trade transaction Treitel ultra vires unilateral contract vendor vessel void warranty