Gregory Klass
Article
Contracting for Cooperation in Recovery
117 Yale L.J. 2 (2007). There is a longstanding debate about whether courts should enforce contract terms purporting to limit the parties’ liability for fraud. It is less-often noticed that many contracts are designed to incorporate fraud liability by requiring one party to make representations about her performance that, if false, can satisfy the elements of deceit. Such contractual representations...
Nov 7, 2007