文章基本信息

标题：Fault in Contract Law
本地全文：下载
作者：Posner, Eric 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：1431-1444
出版社：University of Michigan Law School
摘要：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.
关键词：Fault in Contract Law; Symposia; Breach of contract; Negligence; Strict liability; Fault; Good faith; Best efforts; Damages; Victims; Wrongdoers; Second Restatement of Contracts