Precontractual Liability in European Private Law

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.

• Written by sixteen national reporters, the reports focus on practical issues and provide ideal material for teaching and study • In-depth analysis by comparative law specialists from England and the Netherlands gives readers the view from the two European legal systems which have the most sharply differing approaches to the topic • Provides reliable data comparing the legal systems of the Member States, thereby contributing to the current academic and political debates on the Europeanisation of private law