• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Promissory Fraud Without Breach

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Promissory_Fraud_Without_Breach.pdf
    Size:
    724.6Kb
    Format:
    PDF
    Download
    Author
    Ayres, Ian
    Klass, Gregory
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/439
    Abstract
    It is no doubt wrong to conflate promise breaking and lying. What parent has not heard a child say with no small degree of indignation, "You lied to me; you promised you would . . . ." Accusations of this kind can be evidence of conceptual confusion: You might be a scoundrel for breaking your promise, but you are not thereby a liar—someone who knowingly misrepresents an existing fact. The act of promising to do, or to refrain from doing, something in the future does not, by itself, give the promisor even the opportunity to lie. But the action for promissory fraud suggests that our impulse to call certain promise-breakers "liars" is often correct. Promising is a single act with multiple meanings. According to the literal meaning, the speaker of the words "I promise to . . ." puts herself under a certain obligation—an obligation to do the act promised. In many contexts, however, a promise to do something also represents an intent to do it. And as Lord Bowen stated in an early promissory fraud case, "the state of a man's mind is as much a fact as the state of his digestion." By saying something about the promisor's present intent, the act of promising creates the opportunity to lie.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.