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

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

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

Nili Cohen

Oxford University Press

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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