Fault in Contract Law

Posner, Eric A.

Journal: Michigan Law Review

Volume: 107

First Page: 1431

Year: 2009

Bluebook Citation: 107 MICH. L. REV. 1431 (2009)

Author: Eric A. Posner: all 99 publications


Abstract

A promisor is strictly liable for breaching a contract, according to the standard account. However, a negligence-based system of contract law can be given an economic interpretation, and this Article shows that such a system is in some respects more attractive than the strict-liability system. This may explain why, as a brief discussion of cases shows, negligence ideas continue to play a role in contract decisions.

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