The nature and content of any duty to provide information prior to contract is a matter which lies at the heart of European private law. It forms part of the acquis communautaire and is seen as a basic tool of consumer protection. It is not neglected in the proposed Common Frame of Reference which, in its third part, will produce Model Rules which, inter alia, specify the information which should be given before the conclusion of a contract. Yet, this is a topic in which one sees a particular common and civil law divide. The author uses English and French law to demonstrate differing approaches to this question, termed ?non-disclosure? by one system and ?l?obligation de renseignement? by the other. The reasons for this divide, in particular the forms of reasoning adopted by the courts, are examined and signs of overlap identified. It is suggested that only by first recognizing the diversity in approach can one move forward to find core principles which will reflect a common understanding of the moral, economic and political issues at stake.
European Review of Private Law