PRE-CONTRACTUAL LIABILITY

Abstract

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 pre contractual liability rules as they have evolved in German law, with reference to Swiss authors also, where relevant.