The law of pre-contractual liability in China and Norway: A comparison of the main features
Not peer reviewed
MetadataShow full item record
The two main considerations when assessing the law of pre-contractual liability are: 1) which acts or omissions imply liability, and 2) what remedies are there in the event of such liability. This thesis compares the current status of both of these issues within Chinese and Norwegian law. Such a comparison is of great interest considering both the increased complexity of negotiations and the boosted interaction between China and Norway. Businesses and their advisors should have knowledge about the differences and similarities for acceptable conduct and remedies for unacceptable conduct. The parties can then better make sure their business is conducted in accordance with the applicable law. They may also consider the status of pre-contractual liability in these legal systems when deciding which law shall govern their relationship. The thesis first investigates the differences and similarities between the scope of liability within Chinese and Norwegian law (chapter 2). In that part, the main considerations behind imposing liability for bad faith behaviour are first highlighted. Then, a presentation of the general starting point for assessing the scope of liability within the respective jurisdictions is given, before the focus shifts towards specific types of situations. Among the situations discussed are the boundary between accepted negotiation tactics and a duty to disclose relevant information or provide truthful information, the boundary between what information received in the course of the negotiation that may be shared or exploited and not, and whether the existence of a preliminary agreement makes any difference to acceptable behaviours during negotiation of a contract. The following chapter considers the rules on remedies for liability (chapter 3). Issues that will be discussed include whether remedies can be claimed only in the shape of monetary compensation, if the aggrieved party can claim reliance damages, expectation damages or both, and whether both direct and indirect losses are recoverable. Chapter 4 will consist of a presentation of aspects of Chinese law that are fundamental to consider in order to conduct a meaningful analysis of how the law of pre-contractual liability in China is to be understood in practice. Here, the unpredictable dispute resolution in China and aspects of Chinese culture that prevent parties from going to court will be discussed In addition to the consecutive comparison of the various types of situations in chapter 2 and the comparative summary at the end of chapter 3, a final chapter 5 offers a summary of the comparative findings the thesis has resulted in.
PublisherThe University of Bergen
- Faculty of Law 1345
Copyright the Author. All rights reserved