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Divorce law would be cleansed of fault; contract and criminal law were to be codified' and the commission's law reform proposals were to be ushered through parliament without too much alteration.
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Comparative Fault in Contract Law (The Institute for Legislative Research and Comparative Law, 1997) (in Hebrew).
Eric Posner, "Fault in Contract Law" (John M. Olin Program in Law and Economics Working Paper No. 396, 2008).
Richard A. Epstein, "The Many Faces of Fault in Contract Law: Or How to Do Economics Right" (John M. Olin Program in Law and Economics Working Paper No. 445, 2008).
Holmes famously proposed a "no fault" theory of contract law: a contract is an option to perform or pay, and a "breach" is therefore not a wrongful act, but merely triggers the duty to pay liquidated or other damages.
"A Comparative Fault Defense in Contract Law," 107 Michigan Law Review 1397 20088).
This Article calls for the recognition of a comparative fault defense in contract law.
Ariel Porat, "A Comparative Fault Defense in Contract Law" (John M. Olin Program in Law and Economics Working Paper No. 436, 2008).
Modern law often rests on the assumption that a uniform cost/benefit formula is the proper way to determine fault in ordinary contract disputes.
I elaborate the Holmesian theory, arguing that fault terminology in contract law, such as "good faith," should be given pragmatic economic interpretations, rather than be conceived of in moral terms.
Hospitals bear the liability in three ways: "liability for breach of contract", "fault liability", and "equitable liability".
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