Precontractual Liability in European Private Law

by Edited by John Cartwright , Martijn Hesselink

• ISBN13: 9780521516013
• ISBN10: 0521516013
• Edition: 1st
• Format: Hardcover
• Copyright: 2009-02-23
• 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

General editors' preface	p. xi
Preface	p. xiii
List of contributors	p. xv
Abbreviations	p. xvii
Note on translations of foreign language statutory provisions	p. xxvi
Introduction	p. 1
Case studies
Negotiations for premises for a bookshop	p. 21
Discussions	p. 21
Editors' comparative observations	p. 60
Negotiations for renewal of a lease	p. 64
Discussions	p. 65
Editors' comparative observations	p. 90
Mistake about ownership of land to be sold	p. 93
Discussions	p. 93
Editors' comparative observations	p. 113
An architect's preparatory work for a contract which does not materialise; parallel negotiations	p. 117
Discussions	p. 117
Editors' comparative observations	p. 136
A broken engagement	p. 140
Discussions	p. 140
Editors' comparative observations	p. 160
An express lock-out agreement	p. 162
Discussions	p. 162
Editors' comparative observations	p. 188
Breakdown of merger negotiations	p. 192
Discussions	p. 193
Editors' comparative observations	p. 229
A shopping centre without a tenant	p. 233
Discussions	p. 233
Editors' comparative observations	p. 251
Breakdown of negotiations to build a house for a friend	p. 254
Discussions	p. 254
Editors' comparative observations	p. 273
Public bidding	p. 275
Discussions	p. 275
Editors' comparative observations	p. 308
A contract for the sale of a house which fails for lack of formality	p. 311
Discussions	p. 311
Editors' comparative observations	p. 333
Confidential design information given during negotiations	p. 336
Discussions	p. 336
Editors' comparative observations	p. 360
Misrepresentation or silence about a harvester's capacity	p. 362
Discussions	p. 362
Editors' comparative observations	p. 395
From the common law to the civil law: the experience of Israel	p. 398
A law and economics perspective on precontractual liability	p. 431
Conclusions	p. 449
Bibliography	p. 489
Index	p. 499
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