Grant Gilmore and “The death of contract”: the life cycle of the classical theory of United States contract law

Abstract

The death of contract is a book written by Grant Gilmore considered to be a classic in the field of contract law. Its content and repercussion, as well as its notoriety and current status are here analyzed. Attention is also given to subsequent criticism made by its commentators. One aims to situate the book in its historical context (revealing the debate between legal formalism and legal realism that serves as its background), and also demystify certain misconceptions engendered by its provocative tone – a tone imbued by the author with the intention of generating impact and causing controversy.