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.
General
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