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Fault in American Contract Law

Download or Read eBook Fault in American Contract Law PDF written by Omri Ben-Shahar and published by Cambridge University Press. This book was released on 2010-08-16 with total page pages. Available in PDF, EPUB and Kindle.
Fault in American Contract Law
Author :
Publisher : Cambridge University Press
Total Pages :
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ISBN-10 : 9781139493307
ISBN-13 : 1139493302
Rating : 4/5 (07 Downloads)

Book Synopsis Fault in American Contract Law by : Omri Ben-Shahar

Book excerpt: 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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