- •§ 1.Syn Synopsis to Chapter 1: preliminary definitions
- •§ 2.Syn Synopsis to Chapter 2: offers; creation and duration of power of acceptance
- •§ 3.Syn Synopsis to Chapter 3: acceptance and rejection of offer
- •§ 4.Syn Synopsis to Chapter 4: indefiniteness and mistake in expression
- •§ 5.Syn Synopsis to Chapter 5: reasons for enforcement of promises; acts, forbearances and promises given in exchange
- •§ 6.Syn Synopsis to Chapter 6: consideration-mutuality of obligation-requirements and output contracts-effect of option
- •§ 7.Syn Synopsis to Chapter 7: consideration-effect of pre-existing duty
- •§ 8.Syn Synopsis to Chapter 8: reliance on a promise as ground for enforcement: the doctrine of promissory estoppel
- •§ 9.Syn Synopsis to Chapter 9: past consideration and moral obligation
- •§ 10.Syn Synopsis to Chapter 10: contracts under seal, recognizances, negotiable instruments and documents, and ...
- •§ 11.Syn Synopsis to Chapter 11: option contracts and rights of first refusal the legal relations of the parties
- •§ 12.Syn Synopsis to Chapter 12: history and legal operation of the statute
- •§ 13.Syn Synopsis to Chapter 13: statute of frauds-oral variation or rescission; contracts partly within
- •§ 14.Syn Synopsis to Chapter 14: statute of frauds-manner of raising defense; remedies of restitution and reformation
- •§ 15.Syn Synopsis to Chapter 15: statute of frauds-debts of another-suretyship and guaranty
- •§ 17.Syn Synopsis to Chapter 17: statute of frauds-interests in land
- •§ 18.Syn Synopsis to Chapter 18: interests in land-effect of part performance of oral contract
- •§ 19.Syn Synopsis to Chapter 19: statute of frauds-contracts not to be performed within one year
- •§ 20.Syn Synopsis to Chapter 20: statute of frauds-contracts in consideration of marriage
- •§ 22.Syn Synopsis to Chapter 22: substance of the memorandum: its nature and contents
- •§ 23.Syn Synopsis to Chapter 23: formal requirements-writing-signature-oral evidence
- •§ 24.Syn Synopsis to Chapter 24: interpretation of contracts
- •§ 25.Syn Synopsis to Chapter 25: interpretation- the process called implication
- •§ 26.Syn Synopsis to Chapter 26: the ''parol evidence rule''
- •§ 27.Syn Synopsis to Chapter 27: capacity of parties
- •§ 29.Syn Synopsis to Chapter 29: unconscionability and the duty to read
- •§ 30.Syn Synopsis to Chapter 30: definitions and terminology-conditions classified
- •§ 31.Syn Synopsis to Chapter 31: express conditions-and promises
- •§ 32.Syn Synopsis to Chapter 32: constructive conditions-failure to perform the agreed exchange
- •§ 33.Syn Synopsis to Chapter 33: constructive conditions in sale of goods
- •§ 36.Syn Synopsis to Chapter 36: substantial performance, its character and effect
- •§ 37.Syn Synopsis to Chapter 37: condition of performance on time-condition of notice
- •§ 38.Syn Synopsis to Chapter 38: aleatory contracts-no agreed exchange of performances
- •§ 40.Syn Synopsis to Chapter 40: elimination of conditions by waiver or prevention
- •§ 41.Syn Synopsis to Chapter 41: preliminary analysis-issues and terminology
- •§ 56.Syn Synopsis to Chapter 56: forseeability-anticipated profits-degrees of uncertainty
- •§ 57.Syn Synopsis to Chapter 57: alternative measures-expenditures-avoidable consequences-interest-anticipatory breach
- •§ 58.Syn Synopsis to Chapter 58: liquidated damages and penalties
- •§ 59.Syn Synopsis to Chapter 59: mental suffering-punitive damages-lending money-alternative of contracts-contracts ...
- •§ 60.Syn Synopsis to Chapter 60: building contracts-employment-sales of land-sales of goods
- •§ 61.Syn Synopsis to Chapter 61: common law and equity-general requirements for obtaining restitution
- •§ 62.Syn Synopsis to Chapter 62: restitution in favor of a plaintiff in default
- •§ 63.Syn Synopsis to Chapter 63: adequacy of other remedies
- •§ 64.Syn Synopsis to Chapter 64: special reasons for refusing specific enforcement
- •§ 65.Syn Synopsis to Chapter 65: mutuality of remedy-negative contracts-liquidated damages
- •§ 66.Syn Synopsis to Chapter 66: election of remedies
- •§ 67.Syn Synopsis to Chapter 67: performance-tender-rescission-release- gift-surrender-cancellation- contract not to sue
- •§ 68.Syn Synopsis to Chapter 68: discharge by nonperformance of condition- breach-failure of consideration- ...
- •§ 69.Syn Synopsis to Chapter 69: the legal operation of an executory accord
- •§ 74.Syn Synopsis to Chapter 74: impossibility of performance- personal inability
- •§ 75.Syn Synopsis to Chapter 75: death or destruction of specific things- prorating available supply
- •§ 79.Syn Synopsis to Chapter 79: introduction to contracts contrary to public policy
- •§ 81.Syn Synopsis to Chapter 81: contracts involving familial relationships
- •§ 89.Syn Synopsis to Chapter 89: the effects of being contrary to public policy and the availability of restitution
§ 24.Syn Synopsis to Chapter 24: interpretation of contracts
§ 24.1 Rules of Interpretation and Construction As Applied to Contract Terms, Formation of Contracts, and Wills
§ 24.2 Interpretation of Contracts Distinguished from Interpretation of Statutes
§ 24.3 Interpretation Distinguished from Construction of Contracts
§ 24.4 Can Interpretation be Either ''Strict'' or ''Liberal''?
§ 24.5 Which Party's Meaning Should Govern?
§ 24.6 Interpretation of Contracts is Neither Wholly Objective Nor Wholly Subjective
§ 24.7 Do Words Used in a Contract Have Only One True Meaning? Are Words Ever So ''Plain and Clear'' As to Exclude ...
§ 24.8 Parties May Adopt Special Codes and Choose Their Own Usage and Definitions
§ 24.9 Interpretation Requires The Weighing of Evidence, Not Its Exclusion
§ 24.10 Varieties of Extrinsic Evidence
§ 24.11 Interpretation of Contracts Distinguished from Application of The ''Parol Evidence Rule''
§ 24.12 The Distinction between Integrated and Unintegrated Contracts Is Relevant Not to Interpretation But to ...
§ 24.13 Proof of Local Or Limited Usage, Including Trade Usage, to Establish The Meaning of Words and Other Symbols
§ 24.14 Proof of Local Or Limited Usage, Including Trade Usage, to Add Provisions to A Contract
§ 24.15 Against Whom Is Local and Limited Usage, Including Trade Usage, Operative?
§ 24.16 Course of Performance: Practical Interpretation and Application of The Contract by The Parties Thereto
§ 24.17 Course of Dealing: The Parties' Conduct in Prior Transactions with Each Other
§ 24.18 Reformation of Contract Distinguished from Inter-pretation
§ 24.19 The Courts Do Not Make Contracts for The Parties
§ 24.20 When The Principal Purpose of The Parties Becomes Clear, Further Interpretation Should Be Guided Thereby
§ 24.21 Interpretation of The Contract As A Whole
§ 24.22 Courts Favor An Interpretation That Makes The Agreement Valid, Lawful, and Reasonable and That Avoids Forfeiture
§ 24.23 Conflicting Provisions - Words of General Descrip-tion Yield to More Specific Words
§ 24.24 Conflicting Provisions - Printed Terms Are Modified by Handwritten Or Typewritten Terms
§ 24.25 Courts Favor A ''Construction'' in The Public Interest
§ 24.26 Contracts That Incorporate Statutes by Implication
§ 24.27 Interpretation Contra Proferentem - Against The Party Who Chose The Contract Words
§ 24.28 Additional Maxims of Interpretation
§ 24.29 Contracts That Do Not State A Time Limit
§ 24.30 Is Interpretation A Question of Fact Or A Question of Law?
§ 24.31 ''Standards'' of Interpretation
Supp. To CHAPTER 24 INTERPRETATION OF CONTRACTS 35
Supp. to § 24.1 Rules of Interpretation and Construction As Applied to Contract Terms, Formation of Contracts, and Wills
Supp. to § 24.2 Interpretation of Contracts Distinguished from Interpretation of Statutes
Supp. to § 24.3 Interpretation Distinguished from Construction of Contracts
Supp. to § 24.5 Which Party's Meaning Should Govern?
Supp. to § 24.6 Interpretation of Contracts is Neither Wholly Objective Nor Wholly Subjective
Supp. to § 24.7 Do Words Used in a Contract Have Only One True Meaning? Are Words Ever So ''Plain and Clear'' as to ...
Supp. to § 24.10 Varieties of Extrinsic Evidence
Supp. to § 24.11 Interpretation of Contracts Distinguished From Application of the ''Parol Evidence Rule''
Supp. to § 24.12 The Distinction Between Integrated and Unintegrated Contracts Is Relevant Not to Interpretation But ...
Supp. to § 24.13 Proof of Local Or Limited Usage, Including Trade Usage, to Establish The Meaning of Words and Other ...
Supp. to § 24.14 Proof of Local or Limited Usage, Including Trade Usage, to Add Provisions to a Contract
Supp. to § 24.16 Course of Performance: Practical Interpretation and Application of the Contract by the Parties Thereto
Supp. to § 24.17 Course of Dealing: The Parties' Conduct in Prior Transactions With Each Other
Supp. to § 24.18 Reformation of Contract Distinguished From Interpretation
Supp. to § 24.19 The Courts Do Not Make Contracts for the Parties
Supp. to § 24.20 When the Principal Purpose of the Parties Becomes Clear, Further Interpretation Should Be Guided Thereby
Supp. to § 24.21 Interpretation of the Contract as a Whole
Supp. to § 24.22 Courts Favor an Interpretation That Makes The Agreement Valid, Lawful and Reasonable, and That ...
Supp. to § 24.23 Conflicting Provisions-Words of General Description Yield to More Specific Words
Supp. to § 24.24 Conflicting Provisions-Printed Terms Are Modified by Handwritten or Typewritten Terms
Supp. to § 24.25 Courts Favor a ''Construction'' in the Public Interest
Supp. to § 24.26 Contracts That Incorporate Statutes by Implication
Supp. to § 24.27 Interpretation Contra Proferentem-Against the Party Who Chose the Contract Words
Supp. to § 24.27A Courts Will Review the Fairness of Adhesion Contract Terms
Supp. to § 24.27B Adhesion Contract Review Distinguished From Unconscionability, Reasonableness, and Good Faith Doctrines
Supp. to § 24.27C When a Contract Is One of Adhesion
Supp. to § 24.27D Adhesion Contracts With a Non-Adhesion Term
Supp. to § 24.27E Adhesion Contracts-Fairness Requires Terms to Serve Some Legitimate Purpose
Supp. to § 24.27F Adhesion Contracts-Fairness Forbids Giving One Party All the Benefits, Other Only Burdens
Supp. to § 24.27G Adhesion Contract Terms Must Be Reasonably Adapted to Advance Their Legitimate Purposes
Supp. to § 24.27H Adhesion Contracts Are Presumed Fair Absent Proof to the Contrary
Supp. to § 24.27I Adhesion Contract Terms Which Have Been Adjudicated Unfair
Supp. to § 24.28 Additional Maxims of Interpretation
Supp. to § 24.29 Contracts That Do Not State a Time Limit
Supp. to § 24.30 Is Interpretation a Question of Fact or a Question of Law?
CHAPTER 25 INTERPRETATION- THE PROCESS CALLED IMPLICATION 14