2005•Yale University Press eBooksRequires access
The Landscape of Promissory Misrepresentation
Ian Ayres, Gregory Klass
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Abstract
This chapter discusses the various forms of promissory misrepresentation: nonpromissory misrepresentation of intent; insincere promises where there is no enforceable contract; false predictions; bad-faith precontractual negotiating; and postformation misrepresentation. While legal liability for promissory-like misrepresentation is applicable in most circumstances, it is not in all of them. Some promises that do not create obligations should not also give rise to liability for promissory misrepresentation.