Contractual or Delictual? On the Character of Pre-contractual Liability in Selected European Legal Systems
نویسندگان
چکیده
منابع مشابه
Legal Status of Pre-Contractual Liability
The discussion about the person's liability for the actions attributable to him before the stage of contracting is a new debate that has been attracted the attention of legal circles. According to this debate, the person’s freedom of contracting does not implement the person’s freedom to ignore the rights and interest of other party. As a result, it would be possible that contracting person con...
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In the past, courts have struck down or severely limited attempts by health care providers to use written contracts to reduce their liability for negligence, deeming such agreements to be contrary to public policy.' The basic reason is that courts have not traditionally viewed the relationship of patient and health care provider as a contractual one, freely entered by both parties. Rather, phys...
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ژورنال
عنوان ژورنال: Comparative Law Review
سال: 2016
ISSN: 0866-9449
DOI: 10.12775/clr.2015.016