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Insincere Promises: The Law of Misrepresented Intent

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How can a promise be a lie? 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.

316 pages, Hardcover

First published June 1, 2005

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About the author

Ian Ayres

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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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