The Future of Fault in Contract Law
Robert A. Hillman
Cornell Law School
August 1, 2012
Cornell Legal Studies Research Paper No. 12-34
According to judicial opinions, the Restatement (Second) of Contracts, and some analysts, the reasons for failing to perform a contract, whether willful, negligent, or unavoidable, have little or no bearing in determining contract liability. Contract liability is said to be “strict,” meaning that the reasons for nonperformance are irrelevant in determining the injured party’s rights. In this Article, I argue that the reasons for failing to perform, which focus on whether non-performance is the promisor’s fault, are crucially important in the resolution of many, perhaps most disputes under contract law.
Number of Pages in PDF File: 24
Keywords: contract, fault, strict liability
Date posted: August 2, 2012 ; Last revised: September 26, 2013
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