Lesson plan
Contorts
Contorts (arguably) is a portmanteau, or a combination of "contracts" and "torts" originated by Grant Gilmore in his book The Death of Contract. The generally informal term refers to the continual or persistent "tortification" of contract law. In other words, in recent years, principles from tort law increasingly have been applied to contract disputes and incorporated into the general body of contract law. The basis for "contorts" includes the widespread application of promissory estoppel (as a substitute for consideration) and the awarding of punitive damages in breach of contract claims. At least in certain aspects, strict and rigid conceptions of contract law and contractual relationships have thus been eroded or deemphasized in common law and popular culture. Alternatively, "contorts" may simply refer to a fusion of contracts and torts law, rather than a process in which one area of the law erodes or overtakes another.
Article summary
Contorts (arguably) is a portmanteau, or a combination of "contracts" and "torts" originated by Grant Gilmore in his book The Death of Contract. The generally informal term refers to the continual or persistent "tortification" of contract law. In other words, in recent years, principles from tort law increasingly have been applied to contract disputes and incorporated into the general body of contract law. The basis for "contorts" includes the widespread application of promissory estoppel (as a substitute for consideration) and the awarding of punitive damages in breach of contract claims. At least in certain aspects, strict and rigid conceptions of contract law and contractual relationships have thus been eroded or deemphasized in common law and popular culture. Alternatively, "contorts" may simply refer to a fusion of contracts and torts law, rather than a process in which one area of the law erodes or overtakes another.
Key claims
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Discussion questions
- Summarise the article in your own words. Which single claim would you verify first, and why?
- Which claim in this article is most likely to be revised as the sources update? How would you check its current status?
- If two sources disagreed about one of these facts, what would you need in order to trust one over the other?
Bibliography
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Key claims and bibliography are generated from the same tracked claims and sources as the article page.