TY - JOUR

T1 - Gilmore and the Strange Case of the Failure of Contract to Die After All.

AU - Austen-Baker, Richard L. P.

N1 - This article was published while Dr Austen-Baker was a PhD student. RAE_import_type : Journal article RAE_uoa_type : Law

PY - 2002/6

Y1 - 2002/6

N2 - An understanding of the birth and development of the general theory of contracts is vital for understanding its content today, and inevitably influences new theoretical formulations. Where theorists go with their own work depends in large part on the particular version of events which they accept. 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 genesis for the theory.

AB - An understanding of the birth and development of the general theory of contracts is vital for understanding its content today, and inevitably influences new theoretical formulations. Where theorists go with their own work depends in large part on the particular version of events which they accept. 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 genesis for the theory.

M3 - Journal article

VL - 18

SP - 1

EP - 31

JO - Journal of Contract Law

JF - Journal of Contract Law

IS - 1-2

ER -