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.
Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international