Archive for March 7th, 2010

A Comparative Fault Defense in Contract Law – Part 1 (2010-3-7)

This week’s posting considers whether culpability should be considered in a claim for breach of contract.  The traditional answer in the U.S. (traditional at least since 1900) is No. As discussed in a recent symposium, “In terms of the Restatement of Contracts conception, then, contract law is strict liability without a contributory negligence defense . […]