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Vol 22 No 4 April/May 2017

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Precontractual Liability in European Private Law

Edited by: John Cartwright, Martijn Hesselink

ISBN13: 9780521183949
Published: January 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2009)
Price: £50.00
Hardback edition , ISBN13 9780521516013

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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.

Contract Law
Part I. Introduction John Cartwright and Martijn Hesselink

Part II. Case Studies
1. Case 1: Negotiations for premises for a bookshop
2. Case 2: Negotiations for renewal of a lease
3. Case 3: Mistake about ownership of land to be sold
4. Case 4: An architect's preparatory work for a contract which does not materialise parallel negotiations
5. Case 5: A broken engagement
6. Case 6: An express lock-out agreement
7. Case 7: The breakdown of merger negotiations
8. Case 8: A shopping centre without a tenant
9. Case 9: Breakdown of negotiations to build a house for a friend
10. Case 10: Public bidding
11. Case 11: A contract for the sale of a house which fails for lack of formality
12. Case 12: Confidential design information given during negotiations
13. Case 13: Misrepresentation or silence about a harvester's capacity

Part III: From the common law to the civil law: the experience of Israel Nili Cohen

Part IV. A Law and Economics Perspective on Precontractual Liability Eleonora Melato and Francesco Parisi

Part V. Conclusions John Cartwright and Martijn Hesselink.