Law & Economics Working Papers
This Article calls for the recognition of a comparative fault defense in contract law. Part I sets the framework for this defense and suggests the situations in which it should apply. These situations are sorted under two headings: cases of non-cooperation and overreliance. Part II unfolds the main argument for recognizing the defense. It recommends applying the defense only in cases where cooperation or avoidance of over-reliance is low-cost.
Ariel Porat, "A Comparative Fault Defense in Contract Law" (John M. Olin Program in Law and Economics Working Paper No. 436, 2008).