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The Productive Tension Between Official and Unofficial Stories of Fault in Contract Law by Ben-Shahar, Omri; Porat, Ariel is a scholarly article available to read on EtoBox.

What is The Productive Tension Between Official and Unofficial Stories of Fault in Contract Law about?

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

Author

Ben-Shahar, Omri; Porat, Ariel

Publisher

Cambridge University Press (Virtual Publishing)

Published

2010

Language

EN

ISBN

9781282770768