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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...

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Main Author: Elsner, Kirsten
Other Authors: Hutchinson, Dale
Format: Thesis
Language:English
Published: Department of Public Law 2021
Subjects:
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access_status_str Open Access
author Elsner, Kirsten
author2 Hutchinson, Dale
author_browse Elsner, Kirsten
Hutchinson, Dale
author_facet Hutchinson, Dale
Elsner, Kirsten
author_sort Elsner, Kirsten
collection Thesis
description 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.
format Thesis
id oai:open.uct.ac.za:11427/35346
institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:33:15.376Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2021
publishDateRange 2021
publishDateSort 2021
publisher Department of Public Law
publisherStr Department of Public Law
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/35346 Comparative analysis of precontractual liability in cases of failed negotiations Elsner, Kirsten Hutchinson, Dale Commercial Law 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. 2021-11-22T10:47:29Z 2021-11-22T10:47:29Z 1999 2021-11-15T07:47:23Z Master Thesis Masters LLM http://hdl.handle.net/11427/35346 eng application/pdf Department of Public Law Faculty of Law
spellingShingle Commercial Law
Elsner, Kirsten
Comparative analysis of precontractual liability in cases of failed negotiations
thesis_degree_str Master's
title Comparative analysis of precontractual liability in cases of failed negotiations
title_full Comparative analysis of precontractual liability in cases of failed negotiations
title_fullStr Comparative analysis of precontractual liability in cases of failed negotiations
title_full_unstemmed Comparative analysis of precontractual liability in cases of failed negotiations
title_short Comparative analysis of precontractual liability in cases of failed negotiations
title_sort comparative analysis of precontractual liability in cases of failed negotiations
topic Commercial Law
url http://hdl.handle.net/11427/35346
work_keys_str_mv AT elsnerkirsten comparativeanalysisofprecontractualliabilityincasesoffailednegotiations