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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 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. | {{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 — not to say ''[[Constructive|trusts]]'' — of the [[Queen’s Bench]] and [[Chancery Division]]s thoughout the ages will ensure the plain [[common law]] is applied so 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]]. | 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 — not to say ''[[Constructive|trusts]]'' — of the [[Queen’s Bench Division|Queen’s Bench]] and [[Chancery Division]]s thoughout the ages will ensure the plain [[common law]] is applied so 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]]. | ||
In practice, the fellow who insists upon, or denies, duties created (or not created) thorough her own nefarious conduct, can expect short treatment should she come before an English court. | In practice, the fellow who insists upon, or denies, duties created (or not created) thorough her own nefarious conduct, can expect short treatment should she come before an English court. | ||
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===''Contrahendo'' as a [[Knee slide|knee-slide]]=== | ===''Contrahendo'' as a [[Knee slide|knee-slide]]=== | ||
In its baffling, obscurant esoterism, ''culpa in contrahendo'' captures neatly what [[Legal eagle|legal eagles]] love most about their place in the world | In its baffling, obscurant esoterism, ''culpa in contrahendo'' captures neatly what [[Legal eagle|legal eagles]] most love, and everyone else most despairs, about their place in the world. | ||
“I don’t know what that means. Nor do I care. But life is too short, and the foreground too full of more pressing questions for me to wrap my tiny mind around it might mean in the dim, purblind future of my commercial relationship,” a [[muggle]] will think, “But I am no fool. I can see this smug so-and-so ''does'' care, and isn’t going to let this go, and this godforsaken [[negotiation]] will carry on until he has his knee-slide.” | |||
{{sa}} | {{sa}} | ||