Kandidatrelasjonen

Kandidatrelasjonen, a term originating from Scandinavian legal and economic discourse, refers to a specific type of contractual or pre-contractual relationship between parties where one party, the candidate, is in a position of negotiation for a future agreement or transaction with another party. This relationship is characterized by the expectation of a binding contract to follow, but where the final terms are not yet definitively established. It often arises in business acquisitions, real estate deals, or significant service contracts.

The core of the kandidatrelasjonen lies in the mutual understanding that a deal is likely, and that the candidate is actively pursuing it. This can create certain duties and responsibilities, even in the absence of a fully executed contract. For instance, the candidate might be expected to act in good faith, refrain from actively seeking alternative deals that would undermine the current negotiation, and to disclose relevant information. Conversely, the party offering the potential deal may have obligations regarding the exclusivity of negotiations or the provision of necessary information to the candidate.

The legal implications of a kandidatrelasjon can vary. While not a binding contract in itself, its existence can sometimes give rise to claims for damages if one party unfairly withdraws from negotiations or breaches implied duties of good faith. This is particularly relevant when significant resources have been invested by the candidate in reliance on the anticipated agreement. The precise scope and enforceability of the kandidatrelasjonen depend heavily on the specific context, the jurisdiction, and any preliminary agreements or understandings that may have been reached between the parties. It highlights the legal complexities that can exist even before a formal contract is signed.