A promisor is strictly liable for breaching a contract, according to the standard account. However, a negligence-based system of contract law can be given an economic interpretation, and this Article shows that such a system is in some respects more attractive than the strict-liability system. This may explain why, as a brief discussion of cases shows, negligence ideas continue to play a role in contract decisions.
Eric A. Posner,
Fault in Contract Law,
Mich. L. Rev.
Available at: http://repository.law.umich.edu/mlr/vol107/iss8/7