Coase-Sandor Working Paper Series in Law and Economics

Publication Date

2008

Publication Title

Law & Economics Working Papers

Abstract

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 negligence-based 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 strict-liability system.

Number

396

Included in

Law Commons

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