Insincere Promises: The Law of Misrepresented Intent

Insincere Promises: The Law of Misrepresented Intent

by Ian Ayres, Gregory Klass
     
 

View All Available Formats & Editions

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

…  See more details below

Overview

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.

Editorial Reviews

Eric Posner
Insincere Promises advances an important and convincing theory of promissory fraud; it also rewards readers with an illuminating overview of contract law and theory. Written with precision, sophistication, and humor, the volume will appeal to experts and students alike.”—Eric Posner, University of Chicago Law School
Katherine Stone

Insincere Promises is a must-read for law teachers, law students, and anyone else interested in the law of contracts or torts. The authors traverse the forbidding and tangled landscape of the law of deceit, manipulation, mistake, and accident.”—Katherine Stone, UCLA

Richard Craswell
"Fraud and misrepresentation have always been neglected by scholars. This book puts them back on center stage where they belong."—Richard Craswell, Stanford University
From the Publisher

“Insincere Promises is a must-read for law teachers, law students, and anyone else interested in the law of contracts or torts. The authors traverse the forbidding and tangled landscape of the law of deceit, manipulation, mistake, and accident, demonstrating how the oft-overlooked topic of promissory fraud implicates central issues in the law of contract,tort, and crime. It is clearly written, intelligently presented, and highly original.”—Katherine Stone, UCLA

Product Details

ISBN-13:
9780300127133
Publisher:
Yale University Press
Publication date:
10/01/2008
Sold by:
Barnes & Noble
Format:
NOOK Book
File size:
3 MB

Meet the Author


Ian Ayres is William K. Townsend Professor of Law, Yale University Law School; coauthor of the Why Not? column in Forbes magazine; and a frequent commentator on National Public Radio’s Marketplace. Gregory Klass is an associate professor at Georgetown Law.

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >