Fault in Contract Law

Posner, Eric

doi:10.2139/ssrn.1106399

Abstract

Citations (1)

Footnotes (37)

Download This Paper | Share | Email |Add to Briefcase | Purchase Bound Hard Copy

Fault in Contract Law

Eric A. Posner

University of Chicago - Law School

March 2008

U of Chicago Law & Economics, Olin Working Paper No. 396

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 of Pages in PDF File: 21

Keywords: liability, breach of contract

working papers series

Download This Paper

Date posted: March 17, 2008

Suggested Citation

Posner, Eric A., Fault in Contract Law (March 2008). U of Chicago Law & Economics, Olin Working Paper No. 396. Available at SSRN: http://ssrn.com/abstract=1106399 or http://dx.doi.org/10.2139/ssrn.1106399

Contact Information

Eric A. Posner (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
773-702-0425 (Phone)
773-702-0730 (Fax)

HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/