Browse

Most people are unaware of a quiet war that has been raging for the last decade in the courts, federal regulatory agencies, and Congress—a war over federal agency preemption of state common law claims. This book argues that the outcome of these battles will affect us all, and that consumers stand to be the biggest losers. It takes up this increasingly important subject and shows how preemption affects the way citizens are protected from harm and companies are held accountable for damage they unlawfully cause. The book offers scholars and policymakers a full analysis of the legal and policy issues under debate, and it brings into sharp focus the impact of preemption on the lives of people involved in actual lawsuits. The book highlights the arguments for and against preemption and suggests guidelines for resolving difficult issues in a variety of contexts.

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—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, it is an indispensable guide for those who practice or teach contract law, and explores what promises say from the perspectives of philosophy, economics, and the law. The authors identify four chief mistakes that courts make in promissory fraud cases, and offer a theory for how courts and practitioners should handle promissory fraud cases.