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Is "Contract" the Name of the Game? Promotional Games as Test Cases for Contract Theory

Abstract

Professor Wessman discusses the features of the unilateral contract model that have been applied uncritically to virtually all promotional games and similar devices. After analyzing the degree to which various types of games fit the traditional model, he isolates a class of promotional games that neither fit the classical unilateral contract model nor satisfy the requirements of traditional alternate grounds of promissory enforcement. Professor Wessman argues that there are good reasons in favor of continuing to enforce such prize promises as a matter of contract law, provided that the traditional grounds of contractual liability are reconceptualized in the manner suggested by contract scholarship of the past decade.

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34 Ariz. L. Rev. 635 (1992)

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Mark B. Wessman

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