This chapter considers a broad spectrum of duties and liabilities at the pre-contractual stage. It addresses the interrelations of freedom in the bargaining process, the duty of good faith, and a contract to negotiate. Two categories of potential defects in the process of contract formation are analysed, the one relating to a defect in the will and the other to a breach of promise or frustration of expectation. It argues that English law grants adequate protection in the first category, but is more reserved in the second.

This chapter considers a broad spectrum of duties and liabilities at the pre-contractual stage. It addresses the interrelations of freedom in the bargaining process, the duty of good faith, and a contract to negotiate. Two categories of potential defects in the process of contract formation are analysed, the one relating to a defect in the will and the other to a breach of promise or frustration of expectation. It argues that English law grants adequate protection in the first category, but is more reserved in the second.