Pre-contractual Liability; terms of realization and compensable losses

The period that the parties intentionally communicate with each other to make a contract as a final draft or ignore it, is called pre-contractual period. In this period, parties negotiate together on the terms of future contract and use their most endeavors till to reach the final point i.e. making the contract. It may be situations which one of the parties has been incurred some costs at this period, while another party closes the negotiations unilaterally. The principle of freedom of contract has the consequence of acceptance of precontractual risks by the parties. However, sometimes damaged person may find compensation right and the other party is obliged to compensate on the basis of special reasons. Liability to compensate for such losses will be called pre-contractual liability. Nowadays, pre-contractual liability has been considered by legal system of some countries like France.