Precontractual Liability

Precontractual Liability

• Cases where courts grant relief when a contract has not been signed. Usually done on bases we have already explored: ? Restitution
? Party A and Party B have been negotiating; in process of negotiating, A gives something of value to B; may be basis for restitution claim.
? Paradigmatic case: architect and developer are in process of negotiating, developer doesn’t end up hiring architect but does use architect’s designs in final project.

? Reliance ( Promissory Estoppel )
? Reasonable reliance, where injustice would be done if no relief were granted.

Author: international

Mentioned in these Entries

Promissory Estoppel.