The close connection that arises from business contact and negotiations entails a danger that one of the negotiation partners influences the other partner negatively and causes him damage. This both shows the need for, and is justification of, protective rules. Jhering formulated the concept of culpa in contrahendo, or fault in contract negotiations, in 1861. The concept has developed over time, and by means of numerous court decisions is now an accepted basis for liability in German law, as well as in the law of other countries. The article briefly describes the concept of pre-contractual liability as
it was formulated by Jhering, whereupon it describes the precontractual liability rules as they have evolved in German law, with reference to Swiss authors also, where relevant.
Primary Language | English |
---|---|
Subjects | Law in Context |
Journal Section | V. 1 I. 1 Research Articles |
Authors | |
Publication Date | July 31, 2016 |
Published in Issue | Year 2016 Volume: 1 Issue: 1 |