Remedies for breach of information duties in DCFR. Eric Clive. Introduction. No specific rules in DCFR on financial services If rules are added, sanctions for breach of duties should be clearly specified There are however some pre-contractual information duties in DCFR. DCFR II.-3:101(1).
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(iii) caused the contract to be concluded in mistake by failing to comply with a pre-contractual information duty …
(a) the mistake was inexcusable in the circumstances; or
(b) the risk of the mistake was assumed, or in the circumstances should be borne, by that party.