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Vol 25 No 2 Feb/March 2020

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Pre-contractual Liability in English and French Law

ISBN13: 9789041118202
ISBN: 9041118209
Published: May 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £170.00

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An examination of the nature of pre-contractual liability in English and French law and the extent to which the arguments of risk determine the imposition of liability during the negotiation process. The book is divided into three parts. Dr Giliker first examines potential contractual liability, followed by a study of liability outside contract, namely in the fast-growing law of restitution, enrichissement sans cause, tort, delict and the equitable doctrine of estoppel. The final part deals with proposals for reform and draws a number of conclusions, highlighting, in particular, the policy influences on the law. Drawing on her extensive knowledge of both systems, Dr Giliker reviews the relevant legal authority and academic literature in this field, focusing on the difficult, but practically important, question of liability for services performed in anticipation of a contract. The book offers a comprehensive picture of the current legal position in England and France and a fresh perspective on this commercially significant area of law, which is likely to be of relevance to anyone interested in this area of law or in obligations law in general.

Preface. Table of cases. Table of statues. Introduction. Part One: The boundaries of contract law.
1. The Main Contract: Determining the minimum content of the final contract.
2. Preliminary Contracts. Part Two: Outside the boundaries of contract law.
3. Unjust Enrichment.
4. Tort or delict. Part Three: Concluding remarks and reform.
5. A satisfactory response to pre-contractual negotiations and risk.
6. Negotiations and risk: Meeting commercial needs.