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Classifying precontractual liability: a comparative analysis

Legal Studies, 2001
The common law has solved questions of liability arising in the context of precontractual negotiations by resort to a range of different doctrines and approaches, adopting in effect ‘piecemeal’ solutions to questions of precontractual liability. Consequently, debate has arisen as to how best to classify or categorise claims for precontractual work and ...
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Precontractual liability in EU and Croatian law

Harmonius (Beograd), 2012
Precontractual liability is not harmonised in EU law. Authors shall explore different models adopted in EU countries, EU soft law and compare that to the current state of Croatian law, especially after the adoption of the new Croatian Obligations Act in 2006.
Braut Filipović, Mihaela   +1 more
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Comparative analysis of precontractual liability in cases of failed negotiations

2021
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 ...
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Asymmetric Information and Opportunistic Behaviour in Ex Ante Contract Negotiations: Precontractual Liability Regime [PDF]

open access: possible, 2014
During negotiations, parties plan an exchange that will occur in the future and that implies a high level of uncertainty, regarding both contract conditions and final outcome. In this phase, parties are requested, according to country-specific legal framework, to act in good faith. As a matter of fact, the definition of the boundaries of the good faith
CASTALDO, ANGELO   +2 more
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Responsabilidad Precontractual en el Contrato de Franquicia Comercial: Consecuencias Jurrdicas del Obrar Contrario a los Principios que Informan la Negociaciin Igualitaria (Precontractual Liability in the Franchising Contract: Legal Consequences of Acting against the Principles of Egalitarian Negotiation)

SSRN Electronic Journal, 2013
Spanish Abstract: Introduccion. Conceptualizacion y caracterizacion del contrato de franquicia comercial. Definicion. Caracteristicas. Las tratativas y sus diferencias con la propuesta u oferta. Principios que informan a las partes en el periodo precontractual (“etapa de formacion del contrato”). Libertad de contratacion.
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