There are three situations of liability for contractual negligence and four situations of liability

According to Article 1 of the Contract Law of the People's Republic of China, there are four main types of contractual negligence:

1. Negotiate maliciously under the pretext of concluding a contract. The so-called "pretense" means that there is no intention to conclude a contract with the other party at all, and the negotiation with the other party is only an excuse for the purpose of harming the interests of the other party. The term "bad faith" here refers to the subjective state of mind of deliberately causing damage to the other party under the pretext of consultation and negotiation.

Bad faith must include two aspects, one is that the actor subjectively does not have the intention to negotiate, and the other is that the actor subjectively has the purpose and motive to cause harm to the other party. Bad faith is the most central element of such contractual negligence.

2. Deliberately concealing important facts related to the conclusion of the contract or providing false information. This is fraud in the course of the conclusion of the contract. Fraud is a contract entered into by a party who deliberately deceives another person and causes the other person to fall into error.

And no matter what kind of fraud, there are two common characteristics:

1) The fraudulent party deliberately states false facts or conceals the true situation.

2) The fraudulent party objectively committed the fraud. Article 68 of the Opinions stipulates that: "Where a party intentionally informs the other party of false information, or deliberately conceals the facts, inducing the other party to make a false expression of intent, it may be deemed to be fraudulent." ”

3. Divulging or improper use of trade secrets. The so-called leakage refers to the disclosure of trade secrets to others, including the disclosure of trade secrets to specific persons or a small number of persons under the condition of requiring the other party to maintain confidentiality, as well as obtaining them by improper means, and the disclosure is of course contrary to the intention of the right holder.

Improper use refers to the unauthorized use or transfer of the secret to another person. For example, the act or state of using trade secrets for one's own production and operation, directly using the use value of trade secrets, or illegally allowing others to use them. Regardless of whether the actor obtains certain benefits as a result, it may constitute liability for contractual negligence.

4. Other behaviors that violate the principle of good faith. That is, it includes the breach of pre-contractual obligations other than the first three circumstances. In the process of concluding a contract, it is often manifested that one party fails to fulfill its obligations such as notification, assistance, notification, care and confidentiality, resulting in personal or property losses to the other party.

Article 42 of China's Contract Law establishes a liability system for negligence in contracting, which stipulates that "if a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for damages:

1) Conducting negotiations in bad faith under the pretext of concluding a contract;

2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;

3) Other conduct that violates the principle of good faith. It can be seen that the liability for contractual negligence is essentially the embodiment of the principle of good faith in the process of concluding the contract.

Article 42 of the Contract Law stipulates that if a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for damages:

1. Negotiate maliciously under the pretext of concluding a contract.

2. Deliberately concealing important facts related to the conclusion of the contract or providing false information.

3) There are other behaviors that violate the principle of good faith.

In (1) and (2) here, it is stipulated that a person who conducts negotiations in bad faith under the pretext of concluding a contract or deliberately conceals important facts related to the conclusion of a contract or provides false information and causes losses to the other party shall be liable for compensation. It means that the conclusion of a contract is a formality, malicious negotiation or deliberate concealment is used as a means, and its real purpose is to harm the interests of the other party. This kind of behavior has gone beyond the contractual act itself, and is actually a fraudulent act, a tortious act.

The purpose of the law is to examine from the perspective of the other party that the damage suffered is based on the trust in the malicious counterparty, and the trust interest of the other party is damaged. When a contract cannot be concluded due to the fraud of the other party, giving the bona fide party the right to claim liability for negligence in the contract is conducive to the comprehensive protection of its interests. The provisions here are actually civil liability for intentionally damaging the trust interests of the other party.

In item (3), it is stipulated that if there are other acts that violate the principle of good faith and cause losses to the other party, the other party shall be liable for compensation. According to the principle of good faith, if an ancillary obligation arises such as cooperation, notification, care, protection, loyalty, etc., based on the fact that the parties have a contractual relationship, and the party violates the ancillary obligation, resulting in the destruction of the contractual relationship and harming the trust and interests of the other party, it shall be liable for negligence in the contract. What is stipulated here is the current liability for contractual negligence, which is the loss of the trust interest of the other party caused by negligence, and the liability for damages that it should bear.

Hello, according to your question, to bring you the answer:

Contractual negligence liability refers to the civil compensation that one party should bear when the other party's trust interests are lost due to the breach of the pre-contractual obligations (confidentiality, care, notification, assistance, protection, etc.) undertaken by the principle of good faith in the process of concluding a contract.

Reasons for liability for negligence in concluding a contract: 1. Malicious negotiation, malicious negotiation under the pretext of concluding a contract, 2. Fraudulent conclusion of a contract to deliberately conceal important facts related to the conclusion of a contract or provide false information, 3. Trade secrets, commercial secrets or other information that should be kept confidential that the parties learn in the process of concluding a contract, regardless of whether the contract is formed or not, shall not be disclosed or improperly used, and if the disclosure of the improper use of the trade secret or information causes losses to the other party, it shall be liable for damages. Other behaviors have other behaviors that violate the principle of good faith.

The circumstances of liability for negligence in contracting are: 1. Malicious negotiation, that is, negotiation with others in the name of concluding a contract, rather than for the purpose of concluding a contract;2. Failure to fulfill the obligation of protection at the time of conclusion of the contract infringes on the other party;3. Other behaviors that violate the principle of good faith. 4. Liability for contractual negligence when revoking an offer without authorization.

Legal analysis1. The parties themselves do not really want to enter into a contract, but they maliciously negotiate with the other party in the name of entering into a contract with the other party. 2. The parties conceal important matters related to the conclusion of the contract from the other party or provide false information. 3. The parties have other behaviors that violate the principle of good faith.

Liability for contractual negligence refers to the civil liability for damages incurred by both parties to a contract if one party violates the principle of good faith and fails to fulfill its obligations under the contract, resulting in damage to the expected interests of the other party. This includes malicious negotiation through false contract formation, as well as the fact that one party fails to truthfully inform the conclusion of the contract of material facts or that the information is false. The injured party may file a lawsuit with the people's court to claim that the injured party bears the corresponding liability for contractual negligence.

Legal basisCivil Code of the People's Republic of China Article 500 Where a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for compensation: (1) Conducting negotiations in bad faith under the pretext of concluding a contract;2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.

Analysis of legal battles: 1. Negotiate maliciously under the pretext of signing a contract. 2. Deliberately concealing important facts related to the conclusion of the contract or providing false information. 3. Other behaviors that violate the principle of good faith.

Legal basis: Article 500 of the Civil Code of the People's Republic of China Article 500 If a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for compensation: (1) Conducting negotiations in bad faith under the pretext of concluding a contract; 2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.