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Fault in American Contract Law

Fault in American Contract Law

Hardcover

General Law

ISBN10: 052176985X
ISBN13: 9780521769853
Publisher: Cambridge
Published: Aug 16 2010
Pages: 336
Weight: 1.50
Height: 0.90 Width: 6.10 Depth: 9.30
Language: English
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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