14 Pre-Contractual Liability

Subject(s):

Third parties — Construction of contract — Formation of contract — Interpretation of contract — Limitation of liability — Performance of contract — Validity of contract

This chapter examines cases where the parties set out to make a contract but fail to complete the course and make that contract. It considers whether one party may be liable to the other and in what circumstances. As the contract making process has become longer and more complex this has become an increasingly important area of law and one which is still in active development. The cases considered include those involving liability in contract (Emcor Drake & Scull v Sir Robert McAlpine, G. Percy Trentham Ltd v Archital Luxfer Ltd, and Way v Latilla; quantum meruit (William Lacey (Hounslow) Ltd v Davis, Regalian Properties Plc v London Docklands Development Corporation, and Sabemo Pty Ltd v North Sydney Municipal Council), and estoppel (Dillwyn v Llewelyn, Plimmer v Wellington Corporation, and AG of Hong Kong v Humphreys Estates).