Contracting Fault Liability Study

The paper studies some fundamental problems about culpa in contrahendo in five chapters by comparing the legislation about culpa in contrahendo with each other.The first chapter gives a brief introduction to culpa in contrahendo. Culpa in contrahendo means the damages responsibility born by involved parties of contract who breach the precontractual duty against principle of good faith.The second chapter is about the law basis and characteristic of culpa in contrahendo. I) The law basis of culpa in contrahendo derives from law regulation directly. II) Comparing culpa in contrahendo with liability for breach of contract and liability for tort,the writer concludes that the characteristic of culpa in contrahendo is its independent legal liability.The third chapter tells five constitutive elements of culpa in contrahendo. I) There are reasonable reliance relation between related parties. II) The related party breaches liability of precontractual. III) The reliance interests of comparative party is damaged. IV) There must be subjective fault when the contracting party breaches the liability of precontractual. V)There is casual relationship between the breach of precontractual liability and damages of comparative party's reliance interests. Furthermore,this chapter tells detailed content on precontractual liability.The forth chapter explains the application of culpa in contrahendo. There are eight different situations that are able to apply culpa in contrahendo. I) To bear culpa in contrahendo when contract is not signed. II) Culpa in contrahendo when the contract is untenable. III) Culpa in contrahendo when contract is invalid,altered or discharged,including incomplete contract capability of contracting party,untrue idea of contracting party,as well as indefinite,impossible or illegal subject. IV) Culpa in contrahendo ofunauthorized agency. V) Culpa in contrahendo when damages of comparative party's person and property due to protection liability not being fulfilled. VI) Culpa in contrahendo when breach of honest obligation happens,VII) Culpa in contrahendo when breach of notification obligation happens. VIII) Culpa in contrahendo when invalid guarantee takes place.The fifth chapter shows the bearing means and damages against culpa in contrahendo. I) There is only one way to bear culpa in contrahendo,that is compensation for damages,excluding returning property and pursuing property. II) It should be treated differently according to damaging behaviour and characteristic of result while the compensation scope for damage from culpa in contrahendo is ascertained.The sixth chapter presents the legislation on culpa in contrahendo in China. The writer studies the Contract Law of PRC on five aspects,such as untenableness of contract,culpa breach in notification of precontractual liability,the contract taking in effect,culpa in contrahendo due to not fulfilling protection liability with a result of person and property damages on comparative party,and compensation scope for damage due to culpa in contrahendo. The regulation in Contract Law of PRC should be definite further more and be perfected. The writer gives some suggestions on it in his paper.There must be shortcomings and omissions due to writer's limited ability and level. Please point them out and revise them if there are any shortcomings or omissions.