Promissory Fraud Without Breach
Yale University - Yale Law School; Yale University - Yale School of Management
Georgetown University Law Center
February 8, 2004
Yale Law & Economics Research Paper No. 295
It is of course true that proving breach of contract is not sufficient to establish promissory fraud liability. But in this paper we argue that breach of contract should not even be a necessary element for proving promissory fraud. There are a variety of contexts without legally enforceable contracts where insincere promising should still be deemed tortuous because of the willful harm that it causes. Promisors who are free from contractual liability nonetheless are sometimes potentially liable for this promissory tort.
Number of Pages in PDF File: 29
Keywords: contract, promissory fraud, false promise
Date posted: August 3, 2004
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