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The Doctrine of Precontractual Liability

På svenska

Author

Editor

  • Torgny Håstad

Summary, in English

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.

Publishing year

2015

Language

English

Pages

107-132

Publication/Series

The Nordic Contracts Act. Essays in Celebration of its One Hundredth Anniversary

Document type

Book chapter

Publisher

DJØF Forlag

Topic

  • Law

Keywords

  • Precontractual liability
  • Contract Law
  • Culpa in contrahendo
  • Good faith and fair dealing
  • Duty to bargain in good faith

Status

Published

ISBN/ISSN/Other

  • ISBN: 978-87-574-33227