Fault in American Contract Law (Paperback) (ISBN-13: 9781107612846)

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.

Author: Omri Ben-Shahar
ISBN-10: 1107612845
ISBN-13: 9781107612846
Publisher: Cambridge University Press
Language: English
Published: 02/14/2013
Pages: 338
Format: Paperback
Weight: 1.10lbs
Size: 9.10h x 6.10w x 0.80d