Bona fide contract negotiations include the duty to refrain from doing anything which would appear untrustworthy to a reasonable observer. However, this does not include the assumption that a party is obliged to conclude a contract if contract negotiations are commenced. Even an irresponsible termination of contract negotiations is not automatically sufficient to constitute liability under cic.
This does not apply to a termination of contract negotiations if the party breaking off the negotiations had given the other party a justified reason to believe that the contract would be concluded, e.g., by having indicated that the conclusion of the contract was certain by means of conclusive behaviour or by a specific statement to that effect. Such forms of conduct are to be avoided in all contract negotiations therefore.
For further information please contact Dr Erich Michel, Wessing Berenberg-Gossler Zimmermann Lange, Freiherr-Vom-Stein-Strasse 24-26, Frankfurt am Maim 60323, Frankfurt, Germany- Tel: +496 997 1300, Fax: +496 997 130100.
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