Die informationelle Fahrlässigkeitshaftung in England und in Deutschland

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Abstract There is an inherent tension with regard to the question of a liability for pre-contractual misrepresentations. The desire of the parties to conclude a contract advantageous for them (and, thus, disadvantegeous for the other party) by favorably describing the subject matter of the contract is up against the principles of honesty and the protection of legitimate expectations in legal dealings. The current study scutinizes a part of this issue: the liability for pre-contractual negligent misrepresentations. By way of a comparative analysis of the legal situation in England and in Germany the prerequisites, the available remedies and the limits of such liability are established. Under recourse to overriding aspects such as the economic analysis the respective approaches are assessed regarding their feasibility to provide a workable solution for the underlying factual issues in order to make a contribution to a qualitative evolution of the stipulations.