Contorts (arguably) is a
portmanteau, or a combination of "
contracts
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
" and "
torts" originated by
Grant Gilmore in his book ''
The Death of Contract''. The generally informal term
[Legal disputes are not formally or officially referred to as "founded in" or "actions" in contorts or contorts law.] 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
A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...
(as a substitute for
consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions.
The court in ''Currie v Misa'' declared ...
) and the awarding of
punitive damages in
breach of contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...
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.
See also
*
Collegatary
*
Allonge
*
Condonation
Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for c ...
Notes
Common law
Informal legal terminology
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