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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2020

Pre-contractual Duties: Two Freedoms and the Contract to Negotiate

Pre-contractual Duties: Two Freedoms and the Contract to Negotiate

Chapter:
(p.25) 2 Pre-contractual Duties: Two Freedoms and the Contract to Negotiate
Source:
Good Faith and Fault in Contract Law
Author(s):

Nili Cohen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265788.003.0002

This chapter considers a broad spectrum of duties and liabilities at the pre-contractual stage. It addresses the interrelations of freedom in the bargaining process, the duty of good faith, and a contract to negotiate. Two categories of potential defects in the process of contract formation are analysed, the one relating to a defect in the will and the other to a breach of promise or frustration of expectation. It argues that English law grants adequate protection in the first category, but is more reserved in the second.

Keywords:   contract law, duties, liabilities, pre-contractual stage, bargaining, good faith, contract formation

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