25.01 In the preceding chapter, the parties’ pre-contractual duties have been set out and it has been stated that violating these duties may give rise to liability for damages. However, the dogmatic basis for such claims has to be clarified. Generally speaking, there are three possibilities to classify such claims: first, one may qualify such claims as contractual in nature, thereby extending the scope of contract law to the negotiation phase; secondly, one may qualify such claims as stemming from tort law, seeing that already the name ‘pre-contractual’ would...
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