Contorts
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Contorts (arguably) is a
portmanteau In linguistics, a blend—also known as a blend word, lexical blend, or portmanteau—is a word formed by combining the meanings, and parts of the sounds, of two or more words together.
, or a combination of "
contracts A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
" and "
torts A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with c ...
" originated by
Grant Gilmore Grant Gilmore (April 8, 1910 – May 1, 1982) was an American law professor who taught at Yale Law School, the University of Chicago Law School, the College of Law (now Moritz College of Law) at the Ohio State University, and Vermont Law ...
in his book '' The Death of Contract''. The generally informal termLegal 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 A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or pr ...
. In other words, in recent years, principles from
tort law A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime ...
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 law, 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. It is commonly referred to a ...
) and the awarding of
punitive damages Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. ...
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 part ...
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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and
popular culture Popular culture (also called pop culture or mass culture) is generally recognized by members of a society as a set of cultural practice, practices, beliefs, artistic output (also known as popular art
f. pop art F is the sixth letter of the Latin alphabet. F may also refer to: Science and technology Mathematics * F or f, the number 15 (number), 15 in hexadecimal and higher positional systems * ''p'F'q'', the hypergeometric function * F-distributi ...
or mass art, sometimes contraste ...
. 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


Notes

Common law Informal legal terminology {{slang-stub