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美国法受普通法的影响,不存在“诚实信用的一般原则”,因而对先合同义务理论一直抱怀疑态度,由于时代的发展,交易的日益复杂化,合同的订立已不是要约和承诺两个程序所能简单的概括,在订立合同前存在漫长的协商过程。因而合同订立前的纠纷解决面临困难才使得法院不得不对传统态
Under the influence of the common law, the United States Act does not have the “general principle of good faith,” so it has always been skeptical about the theory of prior contract obligations. Due to the development of the times and the increasingly complicated transactions, the conclusion of the contract is no longer an offer or promise The procedure can be simply summed up, there is a long consultation process before concluding a contract. As a result, the difficulties in resolving the dispute prior to the conclusion of the contract have made the court have to confront the traditional attitude