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Part V Pre-Contractual Liability, 25 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: 03 October 2023

Subject(s):
f1f03d53-097f-4c47-b4b4-ffca769534b1 — 28d71a3c-03b2-48cb-8ce3-e784e9f554bb
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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