Precontractual liability in European private law / / edited by John Cartwright and Martijn Hesselink [[electronic resource]]

• Record Nr.: UNINA9910454235303321
• Pubbl/distr/stampa: Cambridge : , : Cambridge University Press, , 2008
• ISBN: 1-107-19070-3; 0-511-57567-X; 0-511-50826-3; 0-511-50450-0; 0-511-50892-1; 0-511-50664-3
• Descrizione fisica: 1 online resource (xxvi, 509 pages) : digital, PDF file(s)
• Collana: The common core of European private law
• Disciplina: 346.2402/2
• Soggetti: Contracts, Preliminary - Europe; Liability (Law) - Europe
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Title from publisher's bibliographic system (viewed on 05 Oct 2015).
• Nota di bibliografia: Includes bibliographical references (p. 489-498) and index.
• Nota di contenuto: 1. Introduction / John Cartwright and Martijn Hesselink -- ; 2. Case studies: Negotiations for premises for a bookshop -- Negotiations for renewal of a lease -- Mistake about ownership of land to be sold -- An architect's prepatory work for a contract which does not materialize: parallel negotiations -- A broken engagement -- An express lock-out agreement -- Breakdown of merger negotiations -- A shopping centre without a tenant -- Breakdown of negotiations to build a house for a friend -- Public bidding -- A contract for the sale of a house which fails for lack of formality -- Confidential design information given during negotiations -- Misrepresentation or silence about a harvester's capacity -- ; 3. From the comon law to the civil law: the experience of Israel / Nili Cohen -- ; 4. A law and economics perspective on precontractual liability / Eleonora Melato and Francesco Parisi -- ; 5. Conclusions / John Cartwright and Martijn Hesselink.
• Sommario/riassunto: 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.