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The Doctrine of Precontractual Liability

Flodgren, Boel LU (2015) 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.
Please use this url to cite or link to this publication:
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
host publication
The Nordic Contracts Act. Essays in Celebration of its One Hundredth Anniversary
editor
Håstad, Torgny
pages
107 - 132
publisher
DJØF Forlag
ISBN
978-87-574-33227
language
English
LU publication?
yes
id
8e8e503c-705f-48fe-93e3-a7060b1589b4 (old id 7508897)
date added to LUP
2016-04-04 12:16:22
date last changed
2020-05-29 12:18:55
@inbook{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}},
  booktitle    = {{The Nordic Contracts Act. Essays in Celebration of its One Hundredth Anniversary}},
  editor       = {{Håstad, Torgny}},
  isbn         = {{978-87-574-33227}},
  keywords     = {{Precontractual liability; Contract Law; Culpa in contrahendo; Good faith and fair dealing; Duty to bargain in good faith}},
  language     = {{eng}},
  pages        = {{107--132}},
  publisher    = {{DJØF Forlag}},
  title        = {{The Doctrine of Precontractual Liability}},
  year         = {{2015}},
}