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The Doctrine of Precontractual Liability

Flodgren, Boel LU (2015) In The Nordic Contracts Act. Essays in Celebration of its One Hundredth Anniversary p.107-132
Abstract
Under the principle of freedom of contract, when two parties begin contract negotiations, they are under no obligation to actually arrive at an agreement and each one carries the risk for its own expenses and losses caused by the negotiations. However, even if the main rule says that each party bears the costs it might have incurred during the negotiations, if the parties do not reach an agreement, in rare cases it may, nevertheless, be sound, from both a commercial and legal point of view, to transfer the responsibility for these costs the other party. This follows from the doctrine of precontractual liability which is a special doctrine in contract law.
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Precontractual liability, Contract Law, Culpa in contrahendo, Good faith and fair dealing, Duty to bargain in good faith
in
The Nordic Contracts Act. Essays in Celebration of its One Hundredth Anniversary
editor
Håstad, Torgny
pages
107 - 132
publisher
DJØF Publishing
ISBN
978-87-574-33227
language
English
LU publication?
yes
id
8e8e503c-705f-48fe-93e3-a7060b1589b4 (old id 7508897)
date added to LUP
2015-08-03 09:46:13
date last changed
2016-04-16 10:21:01
@misc{8e8e503c-705f-48fe-93e3-a7060b1589b4,
  abstract     = {Under the principle of freedom of contract, when two parties begin contract negotiations, they are under no obligation to actually arrive at an agreement and each one carries the risk for its own expenses and losses caused by the negotiations. However, even if the main rule says that each party bears the costs it might have incurred during the negotiations, if the parties do not reach an agreement, in rare cases it may, nevertheless, be sound, from both a commercial and legal point of view, to transfer the responsibility for these costs the other party. This follows from the doctrine of precontractual liability which is a special doctrine in contract law.},
  author       = {Flodgren, Boel},
  editor       = {Håstad, Torgny},
  isbn         = {978-87-574-33227},
  keyword      = {Precontractual liability,Contract Law,Culpa in contrahendo,Good faith and fair dealing,Duty to bargain in good faith},
  language     = {eng},
  pages        = {107--132},
  publisher    = {ARRAY(0xa1182b0)},
  series       = {The Nordic Contracts Act. Essays in Celebration of its One Hundredth Anniversary},
  title        = {The Doctrine of Precontractual Liability},
  year         = {2015},
}