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