Selected Cases by Article & Issues
Article 2.1.1510 Cases
(1) A party is free to negotiate and is not liable for failure to reach an agreement.
(2) However, a party who negotiates or breaks off negotiations in bad faith is liable for the losses caused to the other party.
(3) It is bad faith, in particular, for a party to enter into or continue negotiations when intending not to reach an agreement with the other party.
(2) However, a party who negotiates or breaks off negotiations in bad faith is liable for the losses caused to the other party.
(3) It is bad faith, in particular, for a party to enter into or continue negotiations when intending not to reach an agreement with the other party.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Freedom of negotiation (see Art. 1.1) | 1 |
| 2 | Negotiating in bad faith | 3 |
| 2.1 | Entering into or continuing negotiations without any intention to reach agreement | 2 |
| 2.2 | Fraudolent or negligent misrepresentation | 1 |
| 2.3 | Non disclosure of relevant facts | 0 |
| 2.4 | Breach of confidentiality (see Art. 2.1.16) | 0 |
| 2.5 | Breaking off negotiations abruptly and without justification | 3 |
| 3 | Liability for negotiating in bad faith | 0 |
| 3.1 | Liability limited to losses caused to the other party (so-called reliance or negative interest) | 2 |
| 4 | Agreement to negotiate in good faith | 3 |
| 4.1 | All appropriate remedies for non-performance available, including right to performance and other remedies reflecting the expectation or positive interest | 3 |
Total Cases in the database 1528