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.
Contracts | Injury and Tort Law | Law and Economics | Law and Society | Remedies
Date of this Version
Ariel Porat, "A Comparative Fault Defense in Contract Law" (July 2008). Tel Aviv University Law Faculty Papers. Working Paper 88.