Holmes and the Theory of Contract

P. S. Atiyah

in Essays on Contract

Published in print August 1990 | ISBN: 9780198254447
Published online March 2012 | e-ISBN: 9780191681493 | DOI:

Series: Clarendon Paperbacks

Holmes and the Theory of Contract

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This chapter is an examination of Holmes's theory of contract, as revealed in The Common Law and elsewhere in his writings. It begins by discussing his theory of legal liability. Holmes is one of the very few theorists of modern times who have argued for a general theory of legal liability embracing both the criminal and the civil law. Criticisms of this theory have risen and are illustrated by the chapter. However, this chapter also cites some possible insights that can be derived from Holmes's theory. The chapter ends by evaluating the pros and cons presented earlier regarding this theory.

Keywords: Holmes; contract; Common Law; legal liability; civil law

Chapter.  7184 words. 

Subjects: Civil Law

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