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Fault in American Contract Law

$40.99 (C)

Omri Ben-Shahar, Ariel Porat, Richard A. Posner, Robert E. Scott, Stefan Grundmann, George M. Cohen, Eric A. Posner, Melvin Aron Eisenberg, Roy Kreitner, Richard A. Epstein, Martha M. Ertman, Richard Craswell, Peter Siegelman, Steve Thel, Oren Bar-Gill, Barry E. Adler, Saul Levmore, Fabrizio Caffagi, Steven Shavell, Dori Kimel, Tess Wilkinson-Ryan
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  • Date Published: February 2013
  • availability: Available
  • format: Paperback
  • isbn: 9781107612846

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About the Authors
  • 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.

    • Offers a unified way of looking at the innovations in contract law
    • A 'dream team' collection of top contributors from the field
    • A breakthrough book in applying the 'economic approach to law', also known as 'law-and-economics'
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    Product details

    • Date Published: February 2013
    • format: Paperback
    • isbn: 9781107612846
    • length: 338 pages
    • dimensions: 234 x 156 x 18 mm
    • weight: 0.48kg
    • availability: Available
  • Table of Contents

    Part I. The Case for Strict Liability:
    1. Let us never blame a contract breaker Richard A. Posner
    2. In (partial) defense of strict liability in contract Robert E. Scott
    3. The fault principle as the chameleon of contract law: a market function approach Stefan Grundmann
    Part II. The Case for Fault:
    4. How fault shapes contract law George M. Cohen
    5. Fault in contract law Eric A. Posner
    6. The role of fault in contract law: unconscionability, unexpected circumstances, interpretation, mistake, and nonperformance Melvin Aron Eisenberg
    Part III. Between Strict Liability and Fault:
    7. Fault at the contract-tort interface Roy Kreitner
    8. The many faces of fault in contract law: or how to do economics right, without really trying Richard A. Epstein
    9. The productive tension between official and unofficial stories of fault in contract law Martha M. Ertman
    Part IV. Willful Breach:
    10. When is a willful breach 'willful'? The link between definitions and damages Richard Craswell
    11. Willful breach: an efficient screen for efficient breach Peter Siegelman and Steve Thel
    12. An information theory of willful breach Oren Bar-Gill and Omri Ben-Shahar
    13. Contract law and the willfulness diversion Barry E. Adler
    Part V. Comparative Fault:
    14. A comparative fault defense in contract law Ariel Porat
    15. Stipulated damages, super-strict liability, and mitigation in contract law Saul Levmore
    16. Creditor's fault: in search of a comparative frame Fabrizio Caffagi
    Part VI. The Morality of Breach:
    17. Why breach of contract may not be immoral given the incompleteness of contracts Steven Shavell
    18. Fault and harm in breach of contract Dori Kimel
    19. Fault in contracts, a psychological approach Tess Wilkinson-Ryan.

  • Editors

    Omri Ben-Shahar, University of Chicago
    Omri Ben-Shahar is the Frank and Bernice Greenberg Professor of Law at the University of Chicago. He has written extensively in the areas of contract law, products liability, and law and economics. Ben-Shahar is the editor of the Journal of Legal Studies and, recently, the book Boilerplate: Foundation of Market Contracts.

    Ariel Porat, Tel-Aviv University
    Ariel Porat is Alain Poher Professor of Law at Tel-Aviv University Faculty of Law and its former Dean, as well as Fischel-Neil Distinguished Visiting Professor of Law at the University of Chicago. Porat has written numerous articles in the areas of torts and contracts and is the author of the books Contributory Fault in the Law of Contracts and Tort Liability under Uncertainty (with Alex Stein).

    Contributors

    Omri Ben-Shahar, Ariel Porat, Richard A. Posner, Robert E. Scott, Stefan Grundmann, George M. Cohen, Eric A. Posner, Melvin Aron Eisenberg, Roy Kreitner, Richard A. Epstein, Martha M. Ertman, Richard Craswell, Peter Siegelman, Steve Thel, Oren Bar-Gill, Barry E. Adler, Saul Levmore, Fabrizio Caffagi, Steven Shavell, Dori Kimel, Tess Wilkinson-Ryan

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