Cooperation Before Contract

Pending negotiations for a contract, one party may begin to incur expenses in fulfilment of the proposed economic operation in anticipation of the finalisation of a formal contract, which is a common practice in many settings, from building and lease contracts to contracts for services in general. This book, therefore, focuses on controversies that may arise when an expected contract collapses after one party withdraws from negotiations, with an ensuing attempt to determine what liability, if any, the withdrawing party should face regarding expenses incurred by the other. The laws of England and Italy, along with several non-legislative codifications - including the 2009 edition of the Draft Common Frame of Reference - provide the starting point for a methodologically innovative comparative analysis that does not stop at a mere compilation of similarities and differences; it also attempts to unearth the underlying policy motives, in order to provide a deeper understanding of what...