Comparative analysis of precontractual liability in cases of failed negotiations

Elsner, Kirsten

Comparative analysis of precontractual liability in cases of failed negotiations

Master Thesis

1999

Abstract

There are a number of circumstances in which parties, that enter into negotiations to conclude a contract, incur losses because the anticipated contract does not materialise. The parties could for example think that they concluded a contract, which is, however, void or an offeror sends together with his offer goods to a long known customer, wrongfully trusting that a contract will come about. Furthermore, the parties could have entered into lengthy negotiations about a costly project which do for some reason not ripen into a contractual agreement. In all these situations the parties might have made expenses with regard to the prospective contract that are now lost without any reward in return.

Keywords

Commercial Law

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Masters

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