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Precontractual Liability in European Private Law

Precontractual Liability in European Private Law

Author: John Cartwright; Martijn Hesselink
Publisher: Cambridge University Press
ISBN: 9780521516013
Published In: January 2009
Format: Hardback
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

Contents:: Part I. Introduction John Cartwright and Martijn Hesselink; Part II. Case Studies:
1. Case 1: Negotiations for premises for a bookshop;
2. Case 2: Negotiations for renewal of a lease;
3. Case 3: Mistake about ownership of land to be sold;
4. Case 4: An architect’s preparatory work for a contract which does not materialise; parallel negotiations;
5. Case 5: A broken engagement;
6. Case 6: An express lock-out agreement;
7. Case 7: The breakdown of merger negotiations;
8. Case 8: A shopping centre without a tenant;
9. Case 9: Breakdown of negotiations to build a house for a friend;
10. Case 10: Public bidding;
11. Case 11: A contract for the sale of a house which fails for lack of formality;
12. Case 12: Confidential design information given during negotiations;
13. Case 13: Misrepresentation or silence about a harvester’s capacity; Part III: From the common law to the civil law: the experience of Israel Nili Cohen; Part IV. A Law and Economics Perspective on Precontractual Liability Eleonora Melato and Francesco Parisi; Part V. Conclusions John Cartwright and Martijn Hesselink.