Insincere Promises: The Law of Misrepresented Intent
Ian Ayres and Gregory Klass
Abstract
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 g ... More
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.
Keywords:
promise,
promissory fraud,
damages,
courts,
liability,
proof,
case law,
popular culture,
contract law,
philosophy
Bibliographic Information
Print publication date: 2005 |
Print ISBN-13: 9780300106756 |
Published to Yale Scholarship Online: October 2013 |
DOI:10.12987/yale/9780300106756.001.0001 |