Current Issue

This Article identifies, and tries to explain, how the liability insurance regime fails to effectively translate, via insurance language and coverage litigation, the structure and purposes of the economic loss…

This paper covers three distinct but inter-related topics. These are: (1) the functions served by characterizing breach of fiduciary duty as a tort; (2) how best to define a fiduciary…

This article summarizes our recommended reforms to the law of promissory fraud. We present these recommendations as a Draft Prestatement of the Law of Insincere Promising.

This Article addresses what happens when economic torts intersect with class actions.

This Article asserts that comparative fault jurisdictions should not bar plaintiffs from recovering in fraud when they fail to establish justifiable reliance on a misrepresentation. Rather, courts should apply comparative…

This Article explains why reliance forms a distinct element of fraud. Conceptually, the wrong of fraud is not an interference with the victim's interest in avoiding certain types of harm,…