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How can a promise be a lie? Answer: when the promisor never intended to perform the promise. Such incidences of promissory fraud are frequently litigated because they can result in punitive damages awards. And an insincere promisor can even be held criminally liable. Yet courts have provided little guidance about what the scope of liability should be or what proof should be required. This book--the first ever devoted to the analysis of promissory fraud--answers these questions. Filled with examples of insincere promising from the case law as well as from literature and popular culture, the book is an indispensable guide for those who practice or teach contract law.
The authors explore what promises say from the perspectives of philosophy, economics, and the law. They identify four chief mistakes that courts make in promissory fraud cases. And they offer a theory for how courts and practitioners should handle promissory fraud cases.
Author: Jerzy Borzecki, Gregory Klass
ISBN-10: 0300121210
ISBN-13: 9780300121216
Publisher: Yale University Press
Language: English
Published: 03/01/2008
Pages: 418
Format: Hardcover
Weight: 1.65lbs
Size: 9.40h x 6.52w x 1.28d
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