When you do something nobody did before or are faced with a moral dilemma you've no prior experience with it's often unclear whether what's "Good" and what's "Bad" in some general sense and so the reaction may be based on "vibes".
Dick Fosbury's weird jumping style? No rule against that, but equally the committee could have seen it and said "No, that's not OK" and forbidden it by the next event. They did not, Dick seems like an athlete, this is a new technique, fine by us - and today everybody serious uses this style (the "Fosbury Flop") or one based on it for jumping.
Modern Contract Law mostly comes back to "Carlill v Carbolic Smokeball Co" in the 19th century. This is about a quack medicine (Carbolic Smokeballs don't prevent Influenza) but the legal question was: If you specifically advertise that if people do a thing (use your Carbolic Smokeballs) and an event happens (a customer catches Influenza, "flu") you will pay them a lot of money (£100 in the 1890s) - well can the advertiser say they didn't mean it when asked for the money? Mrs Carlill seems like a nice lady, everybody hates people selling quack medicine, so obvious Carlill wins - but setting out explicitly why she wins forms the basis of an important part of modern civil law. That advert is an Offer, the choice to buy and use the Carbolic Smokeballs was Acceptance, she caught flu, therefore now Carbolic Smokeball Co. owe Mrs Carlill £100.
If you've ever heard about why people would buy a seemingly worthless thing for $1, or about the peppercorn rents, or wondered why you're told you "agreed" to a bunch of legal stuff you don't care about and haven't actually read - that all comes back to Carlill v Carbolic Smokeball Co. Maybe if she'd been an awful smug Karen trying to get paid for moaning and they were selling a pretty good (but not 100% effective) cure for flu, judges would have instead figured out why she does not get paid and our case law would have turned out very differently.
It's a good story but I think you oversell it. Carbolic Smoke Ball was heard in 1892, peppercorn rents (literal and figurative) predate that case by hundreds of years.
To elaborate on your points some more: the basic building blocks of contract law were already well established by the time Carlill v Carbolic Smoke Ball came about. The main question at hand was whether these could apply when the offer was made to the public at large rather than to any specific person or group.
That's fair. Contract law was not invented from scratch to give Mrs Carlill the win, but much of the modern formalisation around the ingredients for a legal contract does date back to that case.
Also this models what we were discussing. What exactly the rules were for contracts drifted over time as people's intuitions and experiences changed, things that everybody just accepted as normal in 1825 seem insane in 2025 - when I was born there wasn't yet an Unfair Contract Terms Act for example - if you didn't read carefully maybe you're trapped in a deal that any fool could see was abusive, but the courts can't fix it.
You make a worthwhile point, and I think that we're talking about the same thing from different perspectives.
For example I'm glad the Unfair Contract Terms Act (and its successors exist), but I would have considered it a formalisation of existing, inconsistently applied, principles. As I see it, the magic of common law is that actual decisions can depend on which way the wind is blowing at the time, while keeping vague long-term ideals.
The concept clearly had some support in the Doctrine of Fundamental Breach. Perhaps you were already born in time for e.g. Canada Steamship Lines Ltd v The King (1952) which limited the ability to include exclusions for liability in a contract, in a way that that wasn't codified until the Unfair Contracts Terms Act.
Anyway I think we don't substantially disagree, and I think it's valuable to have a range of reasonable conceptualizations of the same history.
When you do something nobody did before or are faced with a moral dilemma you've no prior experience with it's often unclear whether what's "Good" and what's "Bad" in some general sense and so the reaction may be based on "vibes".
Dick Fosbury's weird jumping style? No rule against that, but equally the committee could have seen it and said "No, that's not OK" and forbidden it by the next event. They did not, Dick seems like an athlete, this is a new technique, fine by us - and today everybody serious uses this style (the "Fosbury Flop") or one based on it for jumping.
Modern Contract Law mostly comes back to "Carlill v Carbolic Smokeball Co" in the 19th century. This is about a quack medicine (Carbolic Smokeballs don't prevent Influenza) but the legal question was: If you specifically advertise that if people do a thing (use your Carbolic Smokeballs) and an event happens (a customer catches Influenza, "flu") you will pay them a lot of money (£100 in the 1890s) - well can the advertiser say they didn't mean it when asked for the money? Mrs Carlill seems like a nice lady, everybody hates people selling quack medicine, so obvious Carlill wins - but setting out explicitly why she wins forms the basis of an important part of modern civil law. That advert is an Offer, the choice to buy and use the Carbolic Smokeballs was Acceptance, she caught flu, therefore now Carbolic Smokeball Co. owe Mrs Carlill £100.
If you've ever heard about why people would buy a seemingly worthless thing for $1, or about the peppercorn rents, or wondered why you're told you "agreed" to a bunch of legal stuff you don't care about and haven't actually read - that all comes back to Carlill v Carbolic Smokeball Co. Maybe if she'd been an awful smug Karen trying to get paid for moaning and they were selling a pretty good (but not 100% effective) cure for flu, judges would have instead figured out why she does not get paid and our case law would have turned out very differently.
[Edited to fix typo]