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Illuminating the Development of Precontractual Liability

Illuminating the Development of Precontractual Liability AbstractBy using the tools of comparative law & economics, this article aims to shed a light on the development of precontractual liability. Precontractual liability sensu stricto is about the question to what extent one can be held liable for cost incurred by the other party preliminary to, or during precontractual negotiations, when negotiations fail. Comparative legal analysis has observed that the requirements for establishing a successful claim for precontractual liability are very similar at common law and at civil law despite the very different starting positions from which each legal system’s rules have developed. By finding correspondence between what comparative law has found and what is expected under an efficient legal system, this study provides empirical evidence for the efficiency hypothesis of law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Comparative Law and Governance Brill

Illuminating the Development of Precontractual Liability

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2213-4506
eISSN
2213-4514
DOI
10.1163/22134514-bja10013
Publisher site
See Article on Publisher Site

Abstract

AbstractBy using the tools of comparative law & economics, this article aims to shed a light on the development of precontractual liability. Precontractual liability sensu stricto is about the question to what extent one can be held liable for cost incurred by the other party preliminary to, or during precontractual negotiations, when negotiations fail. Comparative legal analysis has observed that the requirements for establishing a successful claim for precontractual liability are very similar at common law and at civil law despite the very different starting positions from which each legal system’s rules have developed. By finding correspondence between what comparative law has found and what is expected under an efficient legal system, this study provides empirical evidence for the efficiency hypothesis of law.

Journal

European Journal of Comparative Law and GovernanceBrill

Published: Feb 3, 2021

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