23.01 It is tempting to look at relationships between parties with a black-and-white perspective; determining that there is a contract or there is no contract. In the former case one easily finds rights and obligations available to and assumed by the parties. In the latter case one will usually hold that apart from general duties of care imposed by tort law, parties do not owe each other anything, in particular not obligations, let alone any liability for breach of such an imagined obligation. 23.02 However, there is a grey area when the parties have started to...
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