Amanda Dixon, Madison Sherrill, and Hadar Tanne, students at Duke University School of Law, join the Business Scholarship Podcast to discuss their article Damages as a Function of Fault: Willful Breach in M&A Contracts, which was written with co-authors Theresa Arnold and Mitu Gulati. In this article, Dixon, Sherrill, and Tanne investigate why sophisticated parties incorporate the concept of willful non-performance into contracts despite the black-letter doctrine that contract law follows strict liability for breaches.
This article is the third by the Duke contracts group. Their prior papers are The Myth of Optimal Expectation Damages and 'Lipstick on a Pig': Specific Performance Clauses in Action.
This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.