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Precontractual Liability in European Private Law By John Cartwright (University of Oxford)

Precontractual Liability in European Private Law by John Cartwright (University of Oxford)

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Summary

This volume examines the liability which one negotiating party may incur to another following the break-off of negotiations for a contract which occurs before the contract is concluded. The study is conducted through analysis of thirteen cases from the perspectives of sixteen national European legal systems.

Precontractual Liability in European Private Law Summary

Precontractual Liability in European Private Law by John Cartwright (University of Oxford)

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.

Precontractual Liability in European Private Law Reviews

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
'The greatest strength of the book lies in the sections by its editors. The comparative observations and conclusions are meticulous and insightful. Subtle but important differences emerge between approaches which at first sight seemed uniform, and the conclusion succeeds not just in describing the differences in approach between the Civil Law systems and the Common Law ones, but in offering plausible and closely-reasoned explanations for the reasons underlying those differences ... this is an excellent book which greatly exceeds its principal aim of providing the reader with a map of the legal landscape of its immediate subject area. It should be read by academics, practitioners and judges alike.' Edinburgh Law Review

Table of 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.

Additional information

GOR010596020
9780521183949
0521183944
Precontractual Liability in European Private Law by John Cartwright (University of Oxford)
Used - Very Good
Paperback
Cambridge University Press
2011-02-17
536
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Precontractual Liability in European Private Law