Restitution Discussion Group Archives
| Sender: |
Jason Neyers |
| Date: |
Thu, 30 Mar 2000 09:46:16 -0500 |
| Re: |
Hong Kong Securities Ordinance and the Grocer's Dilemma |
Dear Arianna,
Maybe this will be of assistance. I do not see the difficulty with the
shopkeeper having to return the money for the milk and eggs. This is a
legislative norm that renders otherwise normal transactions invalid for
a reason of policy or public order (protection of the public, efficiency
of the market, etc). However, I don't think that such a section would
preclude the grocer from suing the dealer for the return of (or the value
of) the eggs/milk because there is no longer a juristic reason for the
retention of this value on the dealer's part (i.e. the contract which
justified the depravation is void).
Sincerely,
Jason W. Neyers
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