Precontractual Liability in European Private Law (The Common Core of European Private Law)

Cambridge University Press, 2/19/2009
EAN 9780521516013, ISBN10: 0521516013

Hardcover, 536 pages, 22.9 x 15.2 x 3 cm
Language: English
Originally published in English

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.

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.

Review of the hardback: '... succeeds in its aim ... an interesting and useful addition to the comparative law literature. ... clearly written, thought provoking and a useful reference tool ... an excellent addition to the series.' Journal of Business Law