Abstract
This Article calls for the recognition of a comparative fault defense in contract law. Part I sets the framework for this defense and suggests the situations in which it should apply. These situations are sorted under two headings: cases of non-cooperation and over-reliance. Part II unfolds the main argument for recognizing the defense. It recommends applying the defense only in cases where cooperation or avoidance of over-reliance is low-cost.
Disciplines
Contracts | Law and Economics | Law and Society | Remedies | Torts
Date of this Version
July 2008
Recommended Citation
Ariel Porat, "A Comparative Fault Defense in Contract Law" (July 2008). Tel Aviv University Law Faculty Papers. Working Paper 88.
http://law.bepress.com/taulwps/art88
Included in
Contracts Commons, Law and Economics Commons, Law and Society Commons, Remedies Commons, Torts Commons
Comments
"A Comparative Fault Defense in Contract Law", 107 Michigan Law Review (forthcoming 2009)