Concurrence of Liability for Contracting Negligence and Liability for Breach of Preliminary Contract

Abstract

Both the liability for contracting negligence and the liability for breach of preliminary contract in advance have the function of protecting the legitimate rights and interests of the parties in the negotiation and consultation stage before contracting, which will inevitably lead to the problem of overlapping of responsibilities. Therefore, further exploration and analysis of the differences between the two will help the parties better obtain remedy. The legal effects of these two kinds of liabilities on compensation for losses have a competing relationship under specific conditions, and they are also reflected in four kinds of situations: juxtaposition, overlapping, inclusion and intersection according to specific circumstances. The competing relationship between the two causes differences in the determination of the cause of action in judicial practice. In the case that the criterion for determining the cause of action has not been amended, it is not a big problem to take the contract dispute as the cause of action, and it can also solve the problem of determining the cause of action in the case of concurrent liability. The concurrent liability between the two is also related to the exercise of the judge’s interpretation power and the choice of the path of the parties’ accountability.