The signficance of Adams v Lindsell

The 1818 case of Adams v Lindsell states a paradox concerning the formation of contractual agreements. On one common view, the paradox is designed to show that, at least in certain circumstances, a full-blown ‘meeting of the minds’ theory of agreement is impracticable. The present article advances an alternative view of the Adams paradox, on which it has somewhat different implications for our understanding of contract law. On this view, the paradox strikes at a certain form of methodological individualism in our thinking about contractual agreement, which is problematic regardless of whether we seek a ‘meeting of the minds’. Reflection upon this version of the Adams paradox may enhance our understanding both of contractual agreement generally and of the special rules governing the formation of contracts inter absentes.