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

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 May 2024

Breach of contract — Performance of contract — Types of damages
24.01 The existence and scope of pre-contractual duties depend on what stance a legal system takes towards the general principle of good faith. Although the principle of good faith and fair dealing is recognized in all legal systems, they differ as to how prominently and extensively this principle influences the construction and interpretation of contractual rights and duties. 24.02 Germany is regularly mentioned as an example of a legal system in which the principle of good faith plays a particularly prominent role. The German Civil Code, deeply rooted in the...
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