No trifling matter: the de minimis principle in relation to the delivery of the wrong quantity of goods under Hong Kong law

Abstract

This article seeks to examine the application of the de minimis principle in respect of the quantity of goods supplied under a sale of goods contract under Hong Kong law, and to suggest several law reform proposals in that regard. One of the principal obligations of the seller under a sale of goods contract is the obligation to supply the correct quantity of goods. In this regard, the position under the Hong Kong Sale of Goods Ordinance is strict, giving the buyer the option to right to reject the goods if there is either shortfall or excess in the goods supplied. It has been argued that the common law de minimis principle may be applied to mitigate the harshness of this statutory position. This article first explores the concept of the de minimis principle and the rationale behind the principle. The advantages and disadvantages of its application within a legal framework will then be discussed. Various law reform proposals will be made, focusing on recommendations as to how the Sale of Goods Ordinance might be amended to provide greater flexibility and better reflect commercial practices and expectations.