Research On Statutory Liability Of Fault In The Process Of Contacting And Negotiation For Contract

The theory of fault in the process of contacting and negotiation for contract was mentioned by Germen jurits Rudolf vou Jhering in 1861. Its meaning is when one party's civil wrong broke the statutory duty of reasonable care arisen from the principle of good faith, during the process of contacting and negotiation for contract, and cause other party's interests or reliance interest damages, the former must compensate for the later's loss.Statutory obligation for fault in the process of contacting and negotiation for contract is different from that for breach of contract and that for tortuous acts. It pretects parties having reliance relationship between each other, from interests and reliance interest damages, when one party broke his offer or the statutory duty of reasonable care. So the theory is called "great discovery in law".This article makes a full research on this theory. First it analyzes the basic implications of this theory and explores the accurate legal meaning of some relative concepts, then It point out the defect in the relative theories view and that in the present law. and It point out that the injuried party (person or legal person )have right to claim mental compensation for damages, ect. third. It discusses the principle, rule of compensation, the forms of this statutory liability, and measure of damages. It also give some suggestions for legislation and legal system.