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Regulating pre-contractual liability: a general liability basis or piecemeal solutions?
De Figueiredo, Isabel Mousinho
2024
Source PublicationTowards a Model Sales Law in the Greater Bay Areag
PublisherEdward Elgar Publishing Ltd.
Pages62-71
Abstract

Should parties be bound before entering a contract? Certainly not. But misleading others to reap unfair benefits is wrong. Should a model law set a rule to harmonize regimes in the GBA? Maybe not. This chapter compares pre-contractual duties in each of the three jurisdictions. Macau and Mainland draw on the German tradition of culpa in contrahendo. In these two jurisdictions the principle of good faith is brought to life by examples and case law. Hong Kong law on the other hand finds ‘good faith’ an irredeemably vague criterion and relies instead on a colorful assortment to keep misconducts in check. These include tort, restitution, contract, trust, promissory estoppel, and specific statutes. Interestingly, the practical end results are not always as different as one might expect. Drafting a black letter rule would require a catch-all provisions such as ‘good faith’. Imposing this on a common law system will most likely meet resistance and have the counter-productive effect of some confusion and legal uncertainty.

KeywordCulpa In Contrahendo Duty To Negotiate In Good Faith Pre-contractual Liabilities Promissory Estoppel
DOI10.4337/9781035317424.00008
URLView the original
Language英語English
ISBN9781035317424;9781035317417;
Scopus ID2-s2.0-85210876690
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Document TypeBook chapter
CollectionDEPARTMENT OF MACAO LEGAL STUDIES
AffiliationUniversity of Macau, Faculty of Law, China
First Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
De Figueiredo, Isabel Mousinho. Regulating pre-contractual liability: a general liability basis or piecemeal solutions?[M]. Towards a Model Sales Law in the Greater Bay Areag:Edward Elgar Publishing Ltd., 2024, 62-71.
APA De Figueiredo, Isabel Mousinho.(2024). Regulating pre-contractual liability: a general liability basis or piecemeal solutions?. Towards a Model Sales Law in the Greater Bay Areag, 62-71.
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