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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.
"Presenting a novel approach for the study of law in the Dead Sea scrolls, this book is conveniently divided into concepts and practices, highlighting the discrepancies between the two. A valuable study for anyone interested in Jewish law, legal history, sectarianism and communal life"--
Written by a leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued existence. An engaging book that allows students to grasp the "big picture" of contract law, it is organized around the principle that lies at the heart of contracts: consent. Beginning with the premise of "consent," the book provides a cohesive framework in which to understand the various aspects of contract law.
This new book is a hybrid - in addition to well selected cases, it contains substantial scholarly textual material introducing each topic or case. The student is given insights into both historical development and applicable theory. The approach is "show the ball" so as to enable the student to get more deeply into the challenging material. Each case is followed by extensive notes and questions designed to extend student thinking and reasoning. A very detailed Teachers Manual will accompany this book is available, containing briefs of each case, lists of interesting discussion and focus issues, and answers to every question in the notes.
Tracing the development of contract law in the English and American common law traditions, Contracts features authoritative discussions and notes and focuses on significant cases. The casebook also provides opportunities for teachers to put before students the ethical responsibilities of attorneys and the consequences of neglecting such responsibilities. Highlights of the seventh edition include:Revised selections with more Restatement and a special section providing leading casesModest updating with new cases to refresh the book in response to adopters' expressed preferencesMore sophisticated but still accessible textual material on the economics of contract lawRevised introduction to provide for smoother transition into materials on damages Changes in the New Edition Include:Chapter 1: Bases for Enforcing Promises. In an engaging new beginning, the chapter now starts with two cases that explore the meaning of promise. The cases are the old

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