799. Careless statements made in the course of pre-contractual negotiations.

Before 19631 careless statements made in the course of pre-contractual negotiations could only give rise to a claim to damages if the statements were either held to constitute a contractual term2 or were not merely careless but fraudulent3. However, it is now clear that one contracting party may be under a duty of care in regard to statements made in pre-contractual negotiations, and breach of that duty may lead to liability in tort for negligence