Document Type

Article

Publication Date

Summer 2014

Keywords

Fault, Strict Liabiliity

Disciplines

Contracts

Abstract

According to judicial opinions, the Restatement (Second) of Contracts, and some analysts, the reasons for failing to perform a contract, whether willful, negligent, or unavoidable, have little or no bearing in determining contract liability. Contract liability is said to be “strict,” meaning that the reasons for nonperformance are irrelevant in determining the injured party’s rights. In this Article, I argue that the reasons for failing to perform, which focus on whether non-performance is the promisor’s fault, are crucially important in the resolution of many, perhaps most disputes under contract law.

Publication Citation

Robert A. Hillman, "The Future of Fault in Contract Law," 52 Duquesne Law Review (2014)

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