Fault in American Contract Law

Fault in American Contract Law
ISBN-10
1139493302
ISBN-13
9781139493307
Category
Law
Language
English
Published
2010-08-16
Publisher
Cambridge University Press
Authors
Omri Ben-Shahar, Ariel Porat

Description

Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.

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