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The Death of Contract is a book by American law professor Grant Gilmore, written in 1974, about the history and development of the common law of contracts. Gilmore's central thesis was that the Law of Contracts, at least as it existed in the 20th-century United States was largely artificial: it was the work of a handful of scholars and judges ...
- Grant Gilmore
- 1974
Holmes's participation in the nurturing of contract theory evokes a particular fascination in Gilmore. At the center of Holmes's legal theory lies a paradox of which Professor Gilmore offers an enticing reconciliation.
- Morton J. Horwitz
- 1975
The Death of Contract Law. I Introduction. Thirty years ago, Grant Gilmore predicted the death of contract.'. He saw the expansion of legal liability for relied-upon promises as evidence that contract was being swallowed up by tort and would soon disappear as an independent, coherent body of law.
Gilmore's perspective on the history of contract is probably that of the dominant mode of thought in our law schools, which might be called Case-Law Realism.
Gilmore to declare respectfully that contract is dead. 12 His graveyard theory is premised on the recent expansion of promis- sory liability and on more flexible damage awards.
Thirty years ago, Grant Gilmore predicted the death of contract. 1 He saw the expansion of legal liability for relied-upon promises as evidence that contract was being swallowed up by tort and would soon disappear as an independent, coherent body of law.
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I. THE THESIS STATED. A. The Birth and Development of Consideration. Gilmore contends that a general theory of contract did not exist in the. United States before I870. In response to business needs, theory was de- veloped for more regularized or specialized commercial transactions, such.
