9780521769853

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.

TERM	PRICE	DUE
SEMESTER	$71.38	Aug 02
QUARTER	$67.82	Jul 17
SHORT TERM	$64.24	Jun 07

Omri Ben-Shahar is the Frank and Bernice Greenberg Professor of Law at the University of Chicago. He has written extensively in the areas of contract law, products liability, and law and economics. Ben-Shahar is the editor of the Journal of Legal Studies and, recently, the book Boilerplate: Foundation of Market Contracts. Ariel Porat is Alain Poher Professor of Law in Tel-Aviv University's Faculty of Law and its former Dean, as well as Fischel-Neil Distinguished Visiting Professor of Law at the University of Chicago. Porat has written numerous articles in the areas of torts and contracts and is the author of the books Contributory Fault in the Law of Contracts and Tort Liability under Uncertainty (with Alex Stein).

List of Contributors	p. ix
Preface	p. xi
Acknowledgment	p. xxi
The Case for Strict Liability
Let Us Never Blame a Contract Breaker	p. 3
In (Partial) Defense of Strict Liability in Contract	p. 20
The Fault Principle as the Chameleon of Contract Law: A Market Function Approach	p. 35
The Case for Fault
How Fault Shapes Contract Law	p. 53
Fault in Contract Law	p. 69
The Role of Fault in Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, and Nonperformance	p. 82
Between Strict Liability and Fault
Fault at the Contract-Tort Interface	p. 101
The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying	p. 118
The Productive Tension Between Official and Unofficial Stories of Fault in Contract Law	p. 132
Willful Breach
When Is a Willful Breach "Willful"? The Link Between Definitions and Damages	p. 147
Willful Breach: An Efficient Screen for Efficient Breach	p. 161
An Information Theory of Willful Breach	p. 174
Contract Law and the Willfulness Diversion	p. 190
Comparative Fault
A Comparative Fault Defense in Contract Law	p. 207
Stipulated Damages, Superstrict Liability, and Mitigation in Contract Law	p. 223
Creditor's Fault: In Search of a Comparative Frame	p. 237
The Morality of Breach
Why Breach of Contract May Not Be Immoral Given the Incompleteness of Contracts	p. 257
Fault and Harm in Breach of Contract	p. 271
Fault in Contracts: A Psychological Approach	p. 289
Case Index	p. 305
Subject Index	p. 309
Table of Contents provided by Ingram. All Rights Reserved.

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

Amazon no longer offers textbook rentals. We do!

Fault in American Contract Law

Fault in American Contract Law

052176985X

Summary

Author Biography

Table of Contents

Supplemental Materials

Write a Review