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Fault in American Contract Law

Fault in American Contract Law
Author: Omri Ben-Shahar
Publisher: Cambridge University Press
Total Pages:
Release: 2010-08-16
Genre: Law
ISBN: 1139493302
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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.

Good Faith and Fault in Contract Law

Good Faith and Fault in Contract Law
Author: J. Beatson
Publisher:
Total Pages: 592
Release: 1995
Genre: Breach of contract
ISBN:
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This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.

Fault in American Contract Law

Fault in American Contract Law
Author: Omri Ben-Shahar
Publisher:
Total Pages: 338
Release: 2010
Genre: Breach of contract
ISBN: 9781107209459
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Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.

Fault in Contract Law

Fault in Contract Law
Author: Eric A. Posner
Publisher:
Total Pages: 21
Release: 2008
Genre: Breach of contract
ISBN:
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A promisor is strictly liable for breaching a contract, according to the standard account. However, some cases and doctrines appear to recognize that a promisor will not be liable, or will face reduced damages, if the breach was the result of inadvertence rather than fault or willfulness. A negligencebased system of contract law can be given an economic interpretation, and it is shown that such a system is in some respects more attractive than the strictliability system.

The Many Faces of Fault in Contract Law

The Many Faces of Fault in Contract Law
Author: Richard Allen Epstein
Publisher:
Total Pages: 21
Release: 2008
Genre: Breach of contract
ISBN:
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Modern law often rests on the assumption that a uniform cost/benefit formula is the proper way to determine fault in ordinary contract disputes. This Article disputes that vision by defending the view that different standards of fault are appropriate in different contexts. The central distinction is one that holds parties in gratuitous transactions only to the standard of care that they bring to their own affairs, while insisting on the higher objective standard of ordinary care in commercial transactions. That bifurcation leads to efficient searches. Persons who hold themselves out in particular lines of business in effect warrant their ability to achieve uniform standards, while individuals who seek favors from their friends are incentivized to choose them carefully given the subjective standard of care. These results, moreover, derive from the Roman conceptions of care brought into the Anglo-American law through the 1703 decision in Coggs v. Bernard, and are shown to have surprising durability in dealing with agency, medical malpractice, occupier liability, guest statute and frustration cases. Often the efficient standard of fault is given only to those who do economics without really trying.

Remedies for Breach of Contract

Remedies for Breach of Contract
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
Total Pages: 694
Release: 2016-02-11
Genre: Law
ISBN: 019107442X
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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Fault at the Contract-Tort Interface

Fault at the Contract-Tort Interface
Author: Roy Kreitner
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:
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The formative period in the history of contract and tort (in the second half of the nineteenth century) may be characterized by the cleavage of contract and tort around the concept of fault: tort modernized by moving from strict liability to a regime of “no liability without fault,” while contract moved toward strict liability. The opposing attitudes toward fault are puzzling at first glance. Nineteenth-century scholars of private law offered explanations for the opposition, reasoning that alternative ideas about fault account for the different character of state involvement in enforcing private law rights: tort law governs liabilities imposed by law on nonconsenting members of society (and thus, it should limit itself to fault-based conduct), while contract law governs bargained-for duties and liabilities of parties who exercise freedom of contract (and thus, liability voluntarily undertaken need not consider fault). These theories are problematic, especially because they cannot offer a complete account of contract or tort. Tort retains too much strict liability to be thought of as a regime of no liability without fault, and contract has too many fault-based rules to be conceived of through strict liability. While these justifications for the distinction between contract and tort were questioned in ensuing generations, they still structure much of the debate over the current boundary between contract and tort.

A Comparative Fault Defense in Contract Law

A Comparative Fault Defense in Contract Law
Author: Ariel Porat
Publisher:
Total Pages: 27
Release: 2008
Genre: Breach of contract
ISBN:
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This Article calls for the recognition of a comparative fault defense in contract law. Part I sets the framework for this defense and suggests the situations in which it should apply. These situations are sorted under two headings: cases of non-cooperation and overreliance. Part II unfolds the main argument for recognizing the defense. It recommends applying the defense only in cases where cooperation or avoidance of over-reliance is low-cost.