Chapter

Fault

G. H. Treitel

in Remedies for Breach of Contract

Published in print October 1988 | ISBN: 9780198255000
Published online March 2012 | e-ISBN: 9780191681554 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255000.003.0002
Fault

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This chapter begins with a discussion of the fault principle in general. It shows that, in all the legal systems considered, contractual remedies are sometimes available irrespective of fault, while in other cases fault is a requirement. The rest of the chapter shows that it is a relatively simple matter to identify situations in which liability is strict and those in which it is based on fault. The difficult (and most interesting) cases are those that lie in the borderland between the two standards of liability. After discussing these cases, it considers a number of other rules under which fault may be relevant to remedies.

Keywords: fault principle; contractual remedies; liability; fault

Chapter.  20353 words. 

Subjects: Civil Law

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