A ROLE FOR TORT IN PRE-CONTRACTUAL NEGOTIATIONS? AN EXAMINATION OF ENGLISH, FRENCH, AND CANADIAN LAW

摘要

This article will therefore address the more controversial situation where the claimant has failed to satisfy the rules of contract formation, for example, because of uncertainty or incompleteness, or simply because the parties cannot reach agreement on specific terms. Here, under the rules of contract law, no liability will ensue: the so-called 'all or nothing approach'. Yet, this 'bright line' may lead to considerable injustice.