Hong Kong Fir一案是英国合同法中有关中间条款的经典性判例。所谓中间条款,是指对此类条款的违反将导致实质性剥夺了非违约方基于对合同的信赖而认为其应当获得的合同项下的全部预期利益,从而赋予非违约方解除合同的权利。从“条件理论”到“中间条款”,立法者的价值取向发生了变化,以中间条款为代表的新理论,更关注个案的特殊性和复杂性,倡导法律在实践中的灵活运用和功能的有效发挥,追求实质公平与正义。 The Hong Kong Fir case is a classic case of the English contract law relating to intermediate provisions. The so-called intermediate clause means that the violation of such clause will result in material deprivation of non-defaulting parties of all the expected benefits under the contract that they should obtain based on their trust in the contract, thus giving the non-defaulting party the right to rescind the contract. From “condition theory” to “intermediate clause”, the legislator’s value orientation has changed. The new theory represented by the intermediate clause is more concerned with the particularity and complexity of the case and advocates the flexible application and function of the law in practice Effectively play the pursuit of substantive fairness and justice.