Precontractual Liability in European Private Law

by Edited by John Cartwright , Martijn Hesselink

• ISBN13: 9780521183949
• ISBN10: 0521183944
• Format: Paperback
• Copyright: 2011-02-17
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Introduction John Cartwright and Martijn Hesselink

Case Studies:

Case 1: Negotiations for premises for a bookshop

Case 2: Negotiations for renewal of a lease

Case 3: Mistake about ownership of land to be sold

Case 4: An architect's preparatory work for a contract which does not materialise parallel negotiations

Case 5: A broken engagement

Case 6: An express lock-out agreement

Case 7: The breakdown of merger negotiations

Case 8: A shopping centre without a tenant

Case 9: Breakdown of negotiations to build a house for a friend

Case 10: Public bidding

Case 11: A contract for the sale of a house which fails for lack of formality

Case 12: Confidential design information given during negotiations

Case 13: Misrepresentation or silence about a harvester's capacity

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

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

Conclusions John Cartwright and Martijn Hesselink

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