Good Faith and Pre-Contractual Liability in Italy. Recent Developments in the Interpretation of Article 1337 of the Italian Civil Code

This paper retraces the key steps that led to the broader interpretation of pre contractual liability currently adopted within Italian courts and outlines the new and innovative broad scope of pre contractual liability, with the aim of indicating when the duty of good faith attaches and what this duty entails. The article then illustrates to what extent damage relating to precontractual liability is compensable and what role the traditional distinction between positive and negative interests actually plays