Coase-Sandor Working Paper Series in Law and Economics
Title
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
Recommended Citation
Eric Posner, "Fault in Contract Law" (John M. Olin Program in Law and Economics Working Paper No. 396, 2008).
Additional Information
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