• Source: pre-contractual liability takes origin from the breach of the rule of conduct which requires good faith at every stage of the contract (even then before the same is formed) established at Italian law by article 1337 of the Civil Code. Usually (but not always) it is considered a form of non-contractual liability. It follows that, from a procedural standpoint, the onus of proof has to be borne by the claimant that shall establish that termination of negotiation aiming to finalize a contract is beyond good faith and fairness.
• Pre-contractual liability and interruption of negotiations: The pre-contractual liability presupposes that the ongoing negotiations reached a stage such as to cause the claimant to assume reasonable expectations as to the conclusion of the contract.
• Pre-contractual liability as a violation of rules of conduct: as an example, according to Italian case law it is illegitimate, and therefore will give raise to pre-contractual liability, the mere continuation of the negotiations in order to gain useful information. Liability may arise any time negotiations are interrupted once reasonable expectation on the conclusion of the contract could be inferred from the available evidence and in relation to the usual course of the specific business.
• Pre-contractual liability and claim for damage: Once the existence of conduct contrary to the criteria of good faith has established, damages may be awarded equal to either the less advantage or the bigger economic damage consequent to the conduct in breach of good faith. Claimant may always increase his claim with further damages or costs strictly causative connected to such bad faith behaviour.
