Document Type

Court Brief

Publication Date

4-17-2023

Abstract

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contractual limitations on tort liability; and that worries about the tortification of contract law are overblown and out of date.

Comments

BMC Software, Inc., v. International Business Machines Corporation, U.S. Court of Appeals, Fifth Circuit, No. 22-20463.

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