Contents

pp vii-viii

List of Contributors

pp ix-x

Preface

pp xi-xx

Acknowledgment

pp xxi-xxii

I - THE CASE FOR STRICT LIABILITY

pp 1-2

1 - Let Us Never Blame a Contract Breaker

pp 3-19

2 - In (Partial) Defense of Strict Liability in Contract

pp 20-34

3 - The Fault Principle as the Chameleon of Contract Law: A Market Function Approach

pp 35-50

II - THE CASE FOR FAULT

pp 51-52

4 - How Fault Shapes Contract Law

pp 53-68

5 - Fault in Contract Law

pp 69-81

6 - The Role of Fault in Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, and Nonperformance

pp 82-98

III - BETWEEN STRICT LIABILITY AND FAULT

pp 99-100

7 - Fault at the Contract-Tort Interface

pp 101-117

8 - The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying

pp 118-131

9 - The Productive Tension Between Official and Unofficial Stories of Fault in Contract Law

pp 132-144

IV - WILLFUL BREACH

pp 145-146

10 - When Is a Willful Breach “Willful?” The Link Between Definitions and Damages

pp 147-160

11 - Willful Breach: An Efficient Screen for Efficient Breach

pp 161-173

12 - An Information Theory of Willful Breach

pp 174-189

13 - Contract Law and the Willfulness Diversion

pp 190-204

V - COMPARATIVE FAULT

pp 205-206

14 - A Comparative Fault Defense in Contract Law

pp 207-222

15 - Stipulated Damages, Superstrict Liability, and Mitigation in Contract Law

pp 223-236

16 - Creditor's Fault: In Search of a Comparative Frame

pp 237-254

VI - THE MORALITY OF BREACH

pp 255-256

17 - Why Breach of Contract May Not Be Immoral Given the Incompleteness of Contracts

pp 257-270

18 - Fault and Harm in Breach of Contract

pp 271-288

19 - Fault in Contracts: A Psychological Approach

pp 289-304