Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-qdp55 Total loading time: 0.557 Render date: 2021-12-01T20:15:53.907Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

Case 4 - An architect's preparatory work for a contract which does not materialise; parallel negotiations

Published online by Cambridge University Press:  10 August 2009

John Cartwright
Affiliation:
University of Oxford
Martijn Hesselink
Affiliation:
Universiteit van Amsterdam
Get access

Summary

Case 4

A is a manufacturer of computer hardware who wants a new building designed in which to house his operations for the production of hardware. In February he approaches B, a specialist architect, and B begins negotiations with a view to his being engaged as architect for the project. B's policy is not to undertake more than one commission at a time, nor is he prepared to compete in competitive tendering; and in the hope of concluding a contract with A for his services he does preparatory work on plans and specifications for the building he would propose to design, without yet concluding any contract with A. A had also, at the same time, begun negotiations with C, another architect, but did not tell B. A year later, A contracts with C to be the architect on the project, having negotiated with C as well as with B throughout the period. B discovers this only after C's contract with A is concluded. No contract is at any stage concluded between A and B, but B complains that he would never have undertaken the preparatory work (because of his policy on tendering and single-project work) had he known of the negotiations with C. What liability (in contract, tort, restitution, or any other form of liability), if any, does A have to B arising out of A's parallel negotiations? Would it make any difference if A knew of B's policy on tendering and single-project work?

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×