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Full-Text Articles in Contracts
Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt
Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt
Georgetown Law Faculty Publications and Other Works
The False Claims Act prohibits fraud by government contractors, including a contractor's false certification of compliance with the contract, statutes or regulations. In the early 1990s, some courts began holding that the act of requesting payment from the government implicitly represents such compliance for the purposes the FCA. Circuits are today split on the implied certification doctrine. This Article provides a theory of implied certification, suggests how the circuit split should be resolved and describes how contracting agencies should write contracts in light of the existing rule. There are good reasons for the implied certification rule: it is an information-forcing …
Promissory Fraud Without Breach, Gregory Klass, Ian Ayres
Promissory Fraud Without Breach, Gregory Klass, Ian Ayres
Georgetown Law Faculty Publications and Other Works
This Article, in keeping with the theme of this Symposium, explores the possibility of promissory fraud liability where there is no breach of contract. It is well known that mere breach of contract is not sufficient to make out a claim of promissory fraud. This rule makes eminent sense, for a promisor who initially intended to perform may have later changed her mind. Here we pose the converse question: is it possible to have promissory fraud liability without a breach?