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Part V Pre-Contractual Liability, 23 General Remarks on Pre-Contractual Liability

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

Subject(s):
Limitation of liability — Validity of contract — Breach of contract
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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