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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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Duties of Disclosure and French Contract Law: Contribution To an Economic Analysis

Duties of Disclosure and French Contract Law: Contribution To an Economic Analysis

Chapter:
(p.99) 4 Duties of Disclosure and French Contract Law: Contribution To an Economic Analysis
Source:
Good Faith and Fault in Contract Law
Author(s):

Muriel Fabre-magnan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265788.003.0004

This chapter investigates the economic analysis which is usually made of pre-contractual duties of disclosure, and the widely accepted conclusion that such duties are economically inefficient. Some of the distinctions made under French contract law are used to show that, in some circumstances, imposing such a duty may be more efficient than relying on each party to safeguard his own interests. This is not to say that French law is beyond criticism in this area, however, and the chapter will also use economic analysis to show that in some respects French law goes too far.

Keywords:   French law, economic analysis, disclosure, pre-contractual duties

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