Chapter

Pre-contractual Duties: Two Freedoms and the Contract to Negotiate

Nili Cohen

in Good Faith and Fault in Contract Law

Published in print August 1997 | ISBN: 9780198265788
Published online March 2012 | e-ISBN: 9780191682964 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265788.003.0002
Pre-contractual Duties: Two Freedoms and the Contract to Negotiate

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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.

Keywords: contract law; duties; liabilities; pre-contractual stage; bargaining; good faith; contract formation

Chapter.  17099 words. 

Subjects: Civil Law

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