文章基本信息

标题：Let Us Never Blame a Contract Breaker
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作者：Posner, Richard A.
期刊名称：Michigan Law Review
印刷版ISSN：0026-2234
出版年度：2009
卷号：107
期号：8
页码：1349-1363
出版社：University of Michigan Law School
摘要：Holmes famously proposed a "no fault" theory of contract law: a contract is an option to perform or pay, and a "breach" is therefore not a wrongful act, but merely triggers the duty to pay liquidated or other damages. I elaborate the Holmesian theory, arguing that fault terminology in contract law, such as "good faith," should be given pragmatic economic interpretations, rather than be conceived of in moral terms. I further argue that contract doctrines should normally be alterable only on the basis of empirical investigations.
关键词：Fault in Contract Law; Symposia; Holmes (Oliver Wendell); Breach of contract; Strict liability; Restitution; Theory; Good faith; No fault; Rules