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Insincere Promises: The Law of Misrepresented Intent
 
 
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Insincere Promises: The Law of Misrepresented Intent [Hardcover]

Professor Ian Ayres (Author), Gregory Klass (Author)

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Book Description

0300106750 978-0300106756 June 11, 2005

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.


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Editorial Reviews

Review

“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


“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


"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 (Eric Posner )

"Fraud and misrepresentation have always been neglected by scholars. This book puts them back on center stage where they belong."-Richard Craswell, Stanford University (Richard Craswell )

"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 (Katherine Stone )

Book Description

This book—the first ever devoted to the analysis of promissory fraud—is an indispensable guide for those who practice or teach contract law. The authors explore what promises say from a variety of perspectives, identify mistakes that courts make in promissory fraud cases, and offer a new theory for how such cases should be handled.


Product Details


More About the Author

Ian Ayres is the William K. Townsend Professor at Yale Law School and the Yale School of Management, and is editor of the Journal of Law, Economics and Organization. In addition to his best-selling SuperCrunchers, Ayres has written for the New York Times, the Wall Street Journal, Financial Times, International Herald Tribune, and The New Republic. He lives in New Haven, Connecticut.Barry Nalebuff is Professor of Economics and Management at the Yale School of Management. His books include The Art of Strategy (an update of the best-selling Thinking Strategically) and Co-opetition. He is the author of fifty scholarly articles and has been an associate editor of five academic journals. He lives in New Haven, Connecticut.

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Inside This Book (learn more)
First Sentence:
You sit down in a diner and peruse the menu for a few minutes. Read the first page
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Supreme Court, Red Owl, New York, Carbolic Smoke Ball, Charlie Brown, Alpine Bay, Model Penal Code, United States, Julie Andrews, Federal Express, German National Bank, Judge Posner, Lord Bowen, Arthur Murray, Harold Hill, Hillcrest Center, African American, Caprice Records, Max Bialystock, The Producers
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