خلاصة:
The period that the parties intentionally communicate with each other to make a contract as a final draft or ignore it، is called pre-contractual period. In this period، parties negotiate together on the terms of future contract and use their most endeavors till to reach the final point i.e. making the contract. It may be situations which one of the parties has been incurred some costs at this period، while another party closes the negotiations unilaterally. The principle of freedom of contract has the consequence of acceptance of precontractual risks by the parties. However، sometimes damaged person may find compensation right and the other party is obliged to compensate on the basis of special reasons. Liability to compensate for such losses will be called pre-contractual liability. Nowadays، pre-contractual liability has been considered by legal system of some countries like France.
ملخص الجهاز:
The second category of reliance damages, meaning the cost of work or services performed by one of the parties during preliminary negotiations before the conclusion of the final contract, is also compensable based on pre-contractual liability.
Similarly, the third category of reliance damages, meaning the loss resulting from transactions that one of the parties has performed with a reasonable and customary expectation of concluding a contract in the near future, is compensable with the acceptance of pre-contractual liability.
In French law, the acceptance of pre-contractual liability will also require compensation for the loss resulting from the loss of opportunities that were available to the parties during preliminary negotiations; because according to the principle of full compensation of damages12, all suffered losses must be compensated so that the person returns to the condition they would have been in if no loss had occurred.
Some have expressed the opinion that in French law, the acceptance of pre-contractual liability will also necessitate compensation for the failure to obtain expected benefits from the contract subject to preliminary negotiations; because observing the principle of full compensation of damages requires that all losses suffered be compensated and that the aggrieved party be returned to the conditions they would have been in if no loss had occurred (p.
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