餐饮企业应注意的合同责任(一)——缔约过失责任

Contractual Liability to Which the Catering Enterprises Should Pay Attention (Part I) ——Fault Liability for Concluding Contracts

在开始这篇文章之前．首先请大家看这样一个案例：周某是一家著名餐厅的经营者．该餐厅主营川菜．自开业以来生意兴隆．回头客甚多。两年后．周某想再开一家分店．于是找房东兰某协商租房事宜。另一家餐厅的经营者张某得知此事后心想．自己和周某都经营川菜．但周某的餐厅远近闻名．兰某的房屋在自己餐馆附近．一旦周某开店成功．自己势必受到影响。于是．张某也找兰某租房．开价比周某高出一万．兰某允诺．并请张某吃饭（费用500元）．但张某只是洽谈．却一直没有签订合同。

The case： Mr. Zhou runs a well known restaurant that offers Sichuan dishes. The restaurant＇s business has been booming since its opening with more and more patrons. Therefore, Mr. Zhou decided to open a branch on another business street. He came to Mr. Lan, the owner of a store which enjoys a favorable location, to negotiate tenement. Mr. Zhang, a dealer who also runs a Sichuan cuisine restaurant close to Mr. Lan＇s store, also came to Mr. Lan for renting the store as he is afraid of competing with Mr. Zhou＇s business. The price Mr. Zhang offered is 10,000 yuan higher than that of Mr. Zhou, Mr. Lan was very happy for that and entertained Mr. Zhang with a dinner worth 500 yuan. However, Mr. Zhang just negotiated with Mr.