A Comparative Study on Collateral Contract in the English & Iranian Law

Du to “collateral contract” doctrine which has been accepted in English law, to breach pre-contractual statements, contractual liability should be regarded. It has been invoked in many cases by courts for its advantages and uses. Implied contract accompanies the main contract but at the same time independent of the main contract and its terms are a part of the negotiations that are done in order to conclude a contract. Implied contract guarantees the quality of goods and services mentioned in the main contract. The benefactor of the pre-contractual statements can be either of parties or a obligee of implied contract. Through having such a contract if he has a loss, the damage will be compensated independently. Implied contract is not known in our law but there are some similar found institutes by which it can be compared. Finally, it was concluded Iranian law has the capability to accept implied contract without any obstacles.