A Comparative Fault Defense in Contract Law

Ariel Porat

37 citations0/0 files storedMichigan Law Review

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Legal principles and applications Comparative International Legal Studies Law, Economics, and Judicial Systems

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 noncooperation and cases of overreliance. Part II unfolds the main argument for recognizing the defense and recommends applying the defense only in cases where cooperation or avoidance of overreliance is low cost.

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