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Original languageEnglish
Title of host publicationPrecontractual Liability in European Private Law
EditorsJohn Cartwright, Martijn Hesselink
PublisherCambridge University Press
ISBN (Electronic)9780511575679
ISBN (Print)9780521516013
DOIs
Publication statusPublished - 2009

Publication series

NameThe Common Core of European Private Law

Abstract

This volume analyses thirteen cases, from the perspective of sixteen national European legal systems, in order to explore the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The precontractual phase is difficult to characterise and analyse in either legal or practical terms. The negotiating parties have begun their journey together, but they are not yet in the relationship - the contract - which is their aim. The negotiations may fail after a lengthy period in which either party may have incurred significant expenses and invested time and effort. The break-off of the negotiations may come as a shock to one party where the negotiations were far advanced, or at least where there was nothing to suggest that they were not likely to lead to their fruition in the contract. The disappointed party is therefore likely to seek a remedy.

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