Legal Definitions - culpa-in-contrahendo doctrine

The culpa-in-contrahendo doctrine is a legal principle that requires parties to act in good faith during preliminary contract negotiations. This means that both parties must be honest and fair when discussing the terms of a potential contract.

For example, if a company offers a job to a candidate and the candidate accepts the offer, but the company later withdraws the offer without a valid reason, the candidate may have a claim under the culpa-in-contrahendo doctrine. The company's breach of good faith during the negotiation process could give rise to liability in tort.

The principle of culpa-in-contrahendo is important because it helps to ensure that parties negotiate contracts in good faith and with mutual trust. It also provides a legal remedy for parties who are harmed by a breach of this duty.