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Part V Pre-Contractual Liability, 24 Pre-Contractual Duties

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 March 2023

Subject(s):
Construction of contract — Damages and contract — Formation of contract

This chapter tackles pre-contractual duties which depend on what stance a legal system takes towards the general principle of good faith. The principle of good faith and fairness differs in how it influences the construction and interpretation of contractual rights and duties. All legal systems, which recognize a principle of good faith, acknowledge that parties assume a certain degree of responsibility to protect the legal interests of the other party during negotiation. The degree of responsibility range from information duties, honesty, and confidentiality. Additionally, the principle of freedom also gives the power to break off contract negotiations.

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