This case deals with the interruption of negotiations, where the chambre commerciale of the Cour de cassation, for the first time, teaches two important lessons, a theoretical as well as a practical one. On the one hand, the loss of the possibility to make earnings which the conclusion of the contract led to hope for does not constitute a reparable damage, because it is not caused by circumstances constituting a fault in the interruption of the negotiations. On the other hand, the simple fact of contracting, even with full knowledge of the fact, with a person who is already engaged in negotiations with a third party, does not constitute as such a fault which may engage the liability of its author, unless it is inspired by an intention to harm or is accompanied by fraudulent misrepresentations.
European Review of Private Law