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Full-Text Articles in Contracts
Brief Of Amicus Curiae Gregory Klass In Support Of Plaintiff-Appellee, Gregory Klass
Brief Of Amicus Curiae Gregory Klass In Support Of Plaintiff-Appellee, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This scholar’s amicus brief in the Fifth Circuit argues that tort remedies play an important role in the contract ecosystem, including promoting efficiency in exchanges; that a party who has been defrauded in the formation of a contract is not bound by contractual limitations on tort liability; and that worries about the tortification of contract law are overblown and out of date.
The Death Of Reliance, Randy E. Barnett
The Death Of Reliance, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In the mid-1970s, it was an article offaith that contract was not properly conceived as a means by which persons could, by their own choice, make law for themselves to govern their relations. Instead, contract was thought best conceived as the rectification of injuries persons may have caused by their verbal conduct in much the same way that persons have a duty to rectify the injuries caused by their physical acts. With contracts, these injuries consisted of detrimental reliance on the words of another. So conceived, both contract and tort duties are imposed by law, and do not arise from …