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Gilmore credits Langdell with the “almost inadvertent discovery” of contract law, as it was the subject of his very first casebook. The goal of Langdell’s casebook was to reduce the world of contracts to major underlying principles in a scientific fashion.
- Grant Gilmore
- 1974
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.
The Death of Contract is not only of great historical and theoretical interest, it is also a delightful morality play, as Professor Gilmore summons his villains (Langdell, Holmes and Williston) and heroes (Corbin and Cardozo) to center stage to engage in dramatic intellectual combat.
- Morton J. Horwitz
- 1975
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 interpreted this trend as the.
Professor Gilmore himself relies on Lawrence Friedman's Contract Law in America 1 and calls it "one of the most original and thoughtful analyses of the development of contract theory which has yet appeared. "16
One of the most influential and enduring accounts has been that of Grant Gilmore in The Death of Contract. This article offers a new and quite different account of the same theme - the birth and development of the general theory up to the early '70s, when Gilmore was writing, and suggests a rather broader-based and more empirically justified ...
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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.
