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Full-Text Articles in Law
New Rules For Promissory Fraud, Gregory Klass, Ian Ayres
New Rules For Promissory Fraud, Gregory Klass, Ian Ayres
Georgetown Law Faculty Publications and Other Works
This article summarizes the authors’ recommended reforms to the law of promissory fraud. These recommendations are presented as a Draft Prestatement of the Law of Insincere Promising. The basic propositions of the Prestatement are taken, with some modification, from the authors’ book, Insincere Promises: The Law of Misrepresented Intent (2005). This article adds extensive comments, in the style of the Restatements, and a prose introduction identifying three reforms we deem most important. First, courts should drop their insistence that every promise represents an intent to perform, and treat that representation instead as a default. Second, courts faced with claims of …
Beyond Unconscionability: Class Action Waivers And Mandatory Arbitration Agreements, J. Maria Glover
Beyond Unconscionability: Class Action Waivers And Mandatory Arbitration Agreements, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
We live in an age of convenience. From financial transactions to electronic correspondence, we frequently deal with large corporations that provide services in our daily lives. One of the prices we pay for the convenience of these transactions, however, is that our commercial relationships increasingly are based on standard form contracts written by large corporations. While these standard form contracts are necessary to an economically efficient society, the growing use of mandatory arbitration provisions and clauses that prohibit class actions in these contracts raises the spectre of corporate abuse.