| Abstract [eng] |
This master thesis deals with matters concerning determination of damages under pre-contractual liability. The main emphasis of this master thesis is on determination of the genesis of pre-contractual liability and establishment of an exhaustive analyzes of compensatory and non-compensatory damages under pre-contractual stage. Therefore, the author of this master thesis analyzes the application of pre-contractual good faith principle under various national and international legal acts, hence the Civil Code of the Republic of Lithuania, UNIDROIT Principles of International Commercial Contracts, United Nations Convention on Contracts for the International Sale of Goods and other legal documents are analyzed. Furthermore, the author examines different legal systems as well as case law of various courts and tribunals in order to define the nature of pre-contractual liability, thus it is analyzed whether pre-contractual liability should be determined as contractual, tortious or sui generis type of liability. Besides, the author employs economic and legal theories in order to analyze parties’ decisions in relation to reliance investments under different regimes and rules of pre-contractual liability. Additionally, compensatory and non-compensatory damages under pre-contractual liability in this master thesis are discussed. The author assumes that an aggrieved party might recover reliance damages, which consists of direct damages and loss of an opportunity, as well as liquidated damages or forfeits. It should be noted that the author determines and distinguishes two different concepts – liquidated damages and forfeits. Finally, it is provided that expectation damages, i.e. lost profits, cannot be generally recovered under pre-contractual liability, nonetheless, some exceptions are considered. |
