Insincere promises : the law of misrepresented intent / Ian Ayres and Gregory Klass.

Format:

Book

Author/Creator:

Ayres, Ian.

Contributor:

Klass, Gregory.

Language:

English

Subjects (All):

Promise (Law).

Declaration of intention.

Fraud.

Physical Description:

1 online resource (1 online resource (x, 306 p.))

Edition:

1st ed.

Place of Publication:

New Haven : Yale University Press, c2005.

Language Note:

English

Summary:

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.

Contents:

Front matter

Contents

Preface

Chapter 1. Introduction

Chapter 2. How to Say Things with Promises

Chapter 3. Falsehood and Responsibility

Chapter 4. Why Promissory Fraud?

Chapter 5. The Representation Inquiry: What Does a Promise Say?

Chapter 6. The Veracity and Scienter Inquiries: Evidence of Falsity and Evidence of Culpability

Chapter 7. The Landscape of Promissory Misrepresentation

Chapter 8. False Promise: Insincere Promising as Crime

Chapter 9. Teaching Promissory Fraud

Chapter 10. Conclusion

Appendix A: Draft Prestatement of the Law of Insincere Promising

Appendix B: Promissory Fraud Abroad

Notes

Index

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

9786611740719

9781281740717

1281740713

9780300127133

0300127138

OCLC:

1024002293