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Book
Precontractual liability in European private law
Authors: ---
ISBN: 9780521516013 9780521183949 9780511575679 0521516013 9780511508264 0511508263 051157567X 1107190703 9781107190702 0511504500 9780511504501 0511508921 9780511508929 0511506643 9780511506642 0521183944 Year: 2008 Publisher: Cambridge, UK Cambridge University Press

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Abstract

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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