Description
This volume explores the legal nature of precontractual phase and liability in European private law through the analysis of thirteen cases from sixteen national legal systems. The precontractual phase is complex and challenging to define, as it involves negotiations between parties who have not yet entered into a contract. The failure of these negotiations can result in significant expenses and time invested by either party. The disappointed party may seek a remedy in cases where the negotiations were far advanced and there was an expectation of a contract being formed.
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.
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