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Utomkontraktuellt ansvar i avtalsförhandlingar

Persson, Jonas (2008)
Department of Business Law
Abstract
The starting point must be that as long as no binding agreement between negotiators has been concluded, the negotiators has no obligations towards each other. Swedish Law does, however, recognize that obligations may arise in a pre-contractual phase. Different circumstances may add liability in a pre-contractual phase. This essay is a study about what the presumptions are for the liability in a pre-contractual phase. This essay also deals with what circumstances a party can add when he will claim damages in a pre-contractual phase. The essay only deals with Commercial Contract Law and Swedish Law. The purpose of this essay is to analyze when a liability on the whole will be present in the pre-contractual phase of a negotiation. My focus is... (More)
The starting point must be that as long as no binding agreement between negotiators has been concluded, the negotiators has no obligations towards each other. Swedish Law does, however, recognize that obligations may arise in a pre-contractual phase. Different circumstances may add liability in a pre-contractual phase. This essay is a study about what the presumptions are for the liability in a pre-contractual phase. This essay also deals with what circumstances a party can add when he will claim damages in a pre-contractual phase. The essay only deals with Commercial Contract Law and Swedish Law. The purpose of this essay is to analyze when a liability on the whole will be present in the pre-contractual phase of a negotiation. My focus is on negotiations where parties intend to enter into a contract but where the negotiations are called off before any agreement has been made. In connection with this scenario one of the party claims damages for the needless costs that he has brought upon himself or for the economic damage that has emerged in connection with the negotiations that were called off. My purpose of this essay is also to study which circumstances a party may add liability for in a pre-contractual phase. In order to answer my questions I have used a traditional juridical method. Because this essay does not deal with any specific regulation, my main sources have been the few cases that are available for this kind of study. In order to bring up liability in a pre-contractual phase, a good faith obligation must have entered between the negotiating parties and one of them must have violated this obligation in a negligent way. A prerequisite for liability is that the suffering party has relied on the negligent information. Only unethical behaviour can cause a liability for damages. There are different circumstances that a party can add when he will claim damages in a pre-contractual phase. These circumstances can mainly be summarized in two different categories. Either one party has given false or misleading information or a party has failed to inform the other party of different circumstances that are important for the other party. (Less)
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author
Persson, Jonas
supervisor
organization
year
type
M2 - Bachelor Degree
subject
keywords
Culpa in contrahendo, Lojalitetsplikt, Utomkontraktuellt ansvar, Klandervärt beteende, Dolus in contrahendo, Skadeståndsgrundande uppträdande vid avtalsförhandlingar, Juridical science, Rättsvetenskap, juridik
language
Swedish
id
1338209
date added to LUP
2008-01-17
date last changed
2010-08-03 10:51:19
@misc{1338209,
  abstract     = {The starting point must be that as long as no binding agreement between negotiators has been concluded, the negotiators has no obligations towards each other. Swedish Law does, however, recognize that obligations may arise in a pre-contractual phase. Different circumstances may add liability in a pre-contractual phase. This essay is a study about what the presumptions are for the liability in a pre-contractual phase. This essay also deals with what circumstances a party can add when he will claim damages in a pre-contractual phase. The essay only deals with Commercial Contract Law and Swedish Law. The purpose of this essay is to analyze when a liability on the whole will be present in the pre-contractual phase of a negotiation. My focus is on negotiations where parties intend to enter into a contract but where the negotiations are called off before any agreement has been made. In connection with this scenario one of the party claims damages for the needless costs that he has brought upon himself or for the economic damage that has emerged in connection with the negotiations that were called off. My purpose of this essay is also to study which circumstances a party may add liability for in a pre-contractual phase. In order to answer my questions I have used a traditional juridical method. Because this essay does not deal with any specific regulation, my main sources have been the few cases that are available for this kind of study. In order to bring up liability in a pre-contractual phase, a good faith obligation must have entered between the negotiating parties and one of them must have violated this obligation in a negligent way. A prerequisite for liability is that the suffering party has relied on the negligent information. Only unethical behaviour can cause a liability for damages. There are different circumstances that a party can add when he will claim damages in a pre-contractual phase. These circumstances can mainly be summarized in two different categories. Either one party has given false or misleading information or a party has failed to inform the other party of different circumstances that are important for the other party.},
  author       = {Persson, Jonas},
  keyword      = {Culpa in contrahendo,Lojalitetsplikt,Utomkontraktuellt ansvar,Klandervärt beteende,Dolus in contrahendo,Skadeståndsgrundande uppträdande vid avtalsförhandlingar,Juridical science,Rättsvetenskap, juridik},
  language     = {swe},
  note         = {Student Paper},
  title        = {Utomkontraktuellt ansvar i avtalsförhandlingar},
  year         = {2008},
}