Comprehensive Guide to Precontractual Phase and Contract Formation

Stay up to date with the complex world of precontractual phase and contract formation with this comprehensive guide. Designed for legal practitioners who face daily challenges in understanding these topics, this book offers a concise yet thorough overview of the current state of jurisprudence and literature.

A Clear Focus on Key Concepts

Delve into the intricacies of liability for terminated negotiations, negotiation with reservations, letters of intent, skeleton agreements, and the offer-acceptance model. Explore the post-JPO/CBB framework and determine whether there are two or three phases. Gain insights into when a reservation is considered fulfilled, even without the approval of relevant parties such as the management. Understand the nature of letters of intent and their status as binding agreements. Uncover the relationship between skeleton agreements and compensation for positive contractual interests. This section addresses these critical issues and more.

Electronic Contracting and Related Aspects

Discover the complexities of contract formation in the digital age, including transactions conducted in webshops, online marketplaces like marktplaats.nl, or through email communications. Gain an understanding of disclaimers and cookie policies. This book also provides an extended analysis of the contractual aspects of the Services Directive, covering information obligations and Article 6:230a-f of the Civil Code. Unlock valuable insights on a topic that has received limited attention in legal literature.

Unique Focus on the Interface of Procurement and Contract Law

While procurement is typically discussed within the realm of European economic law, this guide justifies its examination of the contractual aspects of procurement due to its distinctive form of contract formation. Explore the legal intricacies that have led to numerous disputes and procedures in practice. Gain insights into challenging topics such as the classification of contracts and rules governing mixed contracts.

Exploration of Fundamental Legal Concepts

Lastly, this book briefly touches upon intriguing subjects such as freedom and coercion in contracts, the binding force and limitations thereof, fundamental rights, reasonableness and fairness/proportionality, and the status of the parties involved. Arm yourself with a comprehensive understanding of these fundamental legal concepts.