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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?


Copyright 2005 by The Board of Regents of the University of Wisconsin System; Reprinted by permission of the Wisconsin Law Review. Permitted use is limited to the work described above and does not include the right to grant to others permission to photocopy or otherwise reproduce this material except for copies permitted under the Copyright Act.

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2004 Wis. L. Rev. 507-533 (2004)

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Contracts Commons