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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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Fault and Breach of Contract

Fault and Breach of Contract

Chapter:
(p.337) 13 Fault and Breach of Contract
Source:
Good Faith and Fault in Contract Law
Author(s):

Barry Nicholas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265788.003.0013

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

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