Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
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List of Contributors | p. ix |
Preface | p. xi |
Acknowledgment | p. xxi |
The Case for Strict Liability | |
Let Us Never Blame a Contract Breaker | p. 3 |
In (Partial) Defense of Strict Liability in Contract | p. 20 |
The Fault Principle as the Chameleon of Contract Law: A Market Function Approach | p. 35 |
The Case for Fault | |
How Fault Shapes Contract Law | p. 53 |
Fault in Contract Law | p. 69 |
The Role of Fault in Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, and Nonperformance | p. 82 |
Between Strict Liability and Fault | |
Fault at the Contract-Tort Interface | p. 101 |
The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying | p. 118 |
The Productive Tension Between Official and Unofficial Stories of Fault in Contract Law | p. 132 |
Willful Breach | |
When Is a Willful Breach "Willful"? The Link Between Definitions and Damages | p. 147 |
Willful Breach: An Efficient Screen for Efficient Breach | p. 161 |
An Information Theory of Willful Breach | p. 174 |
Contract Law and the Willfulness Diversion | p. 190 |
Comparative Fault | |
A Comparative Fault Defense in Contract Law | p. 207 |
Stipulated Damages, Superstrict Liability, and Mitigation in Contract Law | p. 223 |
Creditor's Fault: In Search of a Comparative Frame | p. 237 |
The Morality of Breach | |
Why Breach of Contract May Not Be Immoral Given the Incompleteness of Contracts | p. 257 |
Fault and Harm in Breach of Contract | p. 271 |
Fault in Contracts: A Psychological Approach | p. 289 |
Case Index | p. 305 |
Subject Index | p. 309 |
Table of Contents provided by Ingram. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.