Abstract

This chapter tackles pre-contractual duties which depend on what stance a legal system takes towards the general principle of good faith. The principle of good faith and fairness differs in how it influences the construction and interpretation of contractual rights and duties. All legal systems, which recognize a principle of good faith, acknowledge that parties assume a certain degree of responsibility to protect the legal interests of the other party during negotiation. The degree of responsibility range from information duties, honesty, and confidentiality. Additionally, the principle of freedom also gives the power to break off contract negotiations.

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