Pre-contractual liability

Pre-contractual liability, often described as *culpa in contrahendo*, covers harm caused by misconduct during negotiations. Swiss law recognises duties of good faith before contract conclusion, such as avoiding misleading statements, protecting confidential information, and not breaking off negotiations abusively where reliance has been created. The remedy is generally compensatory and may cover reliance loss rather than the benefit of an unmade contract. It sits between contract and tort and depends heavily on the parties’ conduct and legitimate expectations.