Fault in American Contract Law
Omri Ben-Shahar, Ariel Porat
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.
年:
2010
出版商:
Cambridge University Press
語言:
english
頁數:
336
ISBN 10:
052176985X
ISBN 13:
9780521769853
文件:
PDF, 1.59 MB
IPFS:
,
english, 2010