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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

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 01 December 2020

Subject(s):
Limitation of liability — Remedies for breach of contract
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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