Contract Law

Abstract

Contract law can be defined narrowly or very broadly. Contracts are often defined as promises or agreements enforceable at law (Corbin 1952, 5; Treitel 1979, 1). Contract law might then be taken to be the law pertaining to the enforcement of promises or agreements. However, this narrow conception of contract law is inadequate for material normally included in contract law, let alone for evaluating the law. Many court cases normally included in contract law do not, for one reason or another, involve enforceable agreements or promises. Indeed, often it is found that no contract has been made. In short, contract law concerns more than enforceable contracts and agreements; it also concerns failed attempts to make them. The narrow conception of contract has made possible talk of the death of contract (Gilmore 1974), because principles similar to those in tort law have come to play such an important role in failed attempts to contract.