Comparative analysis of precontractual liability in cases of failed negotiations

There are a number of circumstances in which parties, that enter into negotiations to conclude a contract, incur losses because the anticipated contract does not materialise. The parties could for example think that they concluded a contract, which is, however, void or an offeror sends together with his offer goods to a long known customer, wrongfully trusting that a contract will come about. Furthermore, the parties could have entered into lengthy negotiations about a costly project which do for some reason not ripen into a contractual agreement. In all these situations the parties might have made expenses with regard to the prospective contract that are now lost without any reward in return.

Grantor

Department of Public Law

Year dc:date.issued

1999

Author dc:creator

• Elsner, Kirsten

Advisor dc:contributor.advisor

• Hutchinson, Dale

• Commercial Law

Handle dc:identifier.uri

http://hdl.handle.net/11427/35346

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/35346