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Culpa in contrahendo: Difference between revisions
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{{a|negotiation|}}“[[Culpa in contrahendo]]” — literally “the failure to select Jordan Henderson in the Euros”<ref>©July 2021. This | {{a|negotiation|}}“[[Culpa in contrahendo]]” — literally “the failure to select Jordan Henderson in the Euros”<ref>©July 2021. This gag shall quickly grow old, as we who are left grow old, so enjoy what there is to enjoy of it — precious little, I grant — while you can.</ref> or, failing that, the “fault in conclusion of a contract”, or for the more plainly minded, “negotiating in bad faith” is, we gather, a key concept in the civil law of contracts (you know, that odd Continental way of sorting out arguments) in which the positive law of places like Germany sees a clear duty when [[negotiating]] — so ''before'' there is a contract to sue under — not to mislead or induce one’s counterparty to act to its detriment before the contract is concluded. | ||
Pedants like to observe there is no [[common law]] equivalent, and while that may literally be true, in practice it is stretching things a little. [[Misrepresentation]], the basic principles of [[equity]] and [[restitution]], and the constructive imaginations of common law judges thoughout the centuries will ensure the plain common law is applied in such a way as to ensure [[Little old ladies|little old ladies]], [[Welsh hoteliers]] etc., don’t [[Anus matronae parvae malas leges faciunt|get the sharp end of the stick]], mean that in practice the fellow who tries to insist upon, or deny, rights and obligations created thorough her own nefarious conduct, can expect fairly short treatment. | Pedants like to observe there is no [[common law]] equivalent, and while that may literally be true, in practice it is stretching things a little. [[Misrepresentation]], the basic principles of [[equity]] and [[restitution]], and the constructive imaginations of common law judges thoughout the centuries will ensure the plain common law is applied in such a way as to ensure [[Little old ladies|little old ladies]], [[Welsh hoteliers]] etc., don’t [[Anus matronae parvae malas leges faciunt|get the sharp end of the stick]], mean that in practice the fellow who tries to insist upon, or deny, rights and obligations created thorough her own nefarious conduct, can expect fairly short treatment. | ||