Chapter

Fault and Breach of Contract

Barry Nicholas

in Good Faith and Fault in Contract Law

Published in print August 1997 | ISBN: 9780198265788
Published online March 2012 | e-ISBN: 9780191682964 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265788.003.0013
Fault and Breach of Contract

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This chapter presents the French model of contractual liability, which includes three categories. The first requires the use of reasonable care. The second imposes strict liability to achieve a result, subject to possible exemption if the failure was due to a cause for which the party not responsible and could not surmount. The third category includes cases of absolute liability. The common law contractual liability is analysed against this model, and it is pointed out that there are analogues to the three categories of liabilities in French law. The chapter discusses the common law technique of implied terms, which was employed to base liability on fault as well as the doctrine of frustration.

Keywords: contract law; contractual liability; reasonable care; absolute liability; common law

Chapter.  9633 words. 

Subjects: Civil Law

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