FAULT IN AMERICAN CONTRACT LAW, Omri Ben-Shahar, Ariel Porot, eds., Cambridge University Press, 2010
18 Pages Posted: 22 Jan 2010
Date Written: 2010
Officially Contract law ignores fault. However, an unofficial story complements the official one, and explains why fault occasionally slips into contract law through doctrines such as willful breach. This chapter of FAULT IN AMERICAN CONTRACT LAW (Omri Ben-Shahar & Ariel Porot, eds, Cambridge U. Press, forthcoming 2010) argues that the official and unofficial stories operate in productive tension to both facilitate ex ante planning and, when necessary, look backward at reasons for breach to reach a just result. The occasional presence of fault in contract law, in this view, represents merely one more instance of the common doctrinal pattern of general rules tempered by exceptions.
Keywords: fault, contracts, tort, legal theory
Suggested Citation: Suggested Citation
Ertman, Martha M., The Productive Tension between Official and Unofficial Stories of Fault in Contract Law (2010). FAULT IN AMERICAN CONTRACT LAW, Omri Ben-Shahar, Ariel Porot, eds., Cambridge University Press, 2010; U of Maryland Legal Studies Research Paper No. 2010-6. Available at SSRN: https://ssrn.com/abstract=1539448