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Precontractual Liability in European Private Law
     

Precontractual Liability in European Private Law

by John Cartwright
 

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ISBN-10: 0521183944

ISBN-13: 9780521183949

Pub. Date: 02/17/2011

Publisher: Cambridge University Press

This volume analyzes 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 characterize and analyze in either legal or practical terms. The negotiating

Overview

This volume analyzes 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 characterize and analyze 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.

Product Details

ISBN-13:
9780521183949
Publisher:
Cambridge University Press
Publication date:
02/17/2011
Series:
Common Core of European Private Law Series
Pages:
536
Product dimensions:
5.98(w) x 9.02(h) x 1.06(d)

Table of Contents

General editors' preface xi

Preface xiii

List of contributors xv

Abbreviations xvii

Note on translations of foreign language statutory provisions xxvi

1 Introduction John Cartwright Martijn Hesselink 1

2 Case studies

Case 1 Negotiations for premises for a bookshop 21

Discussions 21

Editors' comparative observations 60

Case 2 Negotiations for renewal of a lease 64

Discussions 65

Editors' comparative observations 90

Case 3 Mistake about ownership of land to be sold 93

Discussions 93

Editors' comparative observations 113

Case 4 An architect's preparatory work for a contract which does not materialise; parallel negotiations 117

Discussions 117

Editors' comparative observations 136

Case 5 A broken engagement 140

Discussions 140

Editors' comparative observations 160

Case 6 An express lock-out agreement 162

Discussions 162

Editors' comparative observations 188

Case 7 Breakdown of merger negotiations 192

Discussions 193

Editors' comparative observations 229

Case 8 A shopping centre without a tenant 233

Discussions 233

Editors' comparative observations 251

Case 9 Breakdown of negotiations to build a house for a friend 254

Discussions 254

Editors' comparative observations 273

Case 10 Public bidding 275

Discussions 275

Editors' comparative observations 308

Case 11 A contract for the sale of a house which fails for lack of formality 311

Discussions 311

Editors' comparative observations 333

Case 12 Confidential design information given during negotiations 336

Discussions 336

Editors' comparative observations 360

Case 13 Misrepresentation or silence about a harvester's capacity 362

Discussions 362

Editors'comparative observations 395

3 From the common law to the civil law: the experience of Israel Nili Cohen 398

4 A law and economics perspective on precontractual liability Eleonora Melato Francesco Parisi 431

5 Conclusions John Cartwright Martijn Hesselink 449

Bibliography 489

Index 499

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