§ 38.Syn Synopsis to Chapter 38: aleatory contracts-no agreed exchange of performances

§ 38.1 Aleatory Contracts Are Not Agreements to Exchange Equivalent Performances

§ 38.2 Conditional Promises Are Not Aleatory Unless They Impose Unequal Risks

§ 38.3 Legality and Validity of Aleatory Contracts

§ 38.4 Aleatory Promises Distinguished From Other Conditional Promises

§ 38.5 Effect of Party's Repudiation or Other Breach of an Aleatory Contract

§ 38.6 Insurance as an Aleatory Contract

§ 38.7 Suretyship as an Aleatory Contract

§ 38.8 Aleatory Contracts for Compensation of Agents and Subcontractors

§ 38.9 Other Illustrations of Aleatory Contracts, Including Futures Contracts

§ 38.10 Promises to Transfer an ''Expectancy''

§ 38.11 Time of Performance Is Not of the Essence in an Aleatory Contract Unless Expressly Made So

Supp. To CHAPTER 38 ALEATORY CONTRACTS-NO AGREED EXCHANGE OF PERFORMANCES 2

Supp. to § 38.1 Aleatory Contracts Are Not Agreements to Exchange Equivalent Performances

Supp. to § 38.8 Scope

CHAPTER 39 CONDITIONS SUBSEQUENT-ANALYSIS-PLEADING AND BURDEN OF PROOF 14

§ 39.syn Synopsis to Chapter 39: CONDITIONS SUBSEQUENT-ANALYSIS-PLEADING AND BURDEN OF PROOF

§ 39.1 Condition ''Subsequent'' Distinguished From Condition ''Precedent''

§ 39.2 Illustration-Time Limit for Suit as a Condition ''Subsequent''

§ 39.3 Illustration-Note Conditioned to Be Void on a Specified Event

§ 39.4 Illustration from Insurance-Condition of Survivorship-''Vested'' Interest

§ 39.5 Illustration-Sale with Privilege of Return-Condition ''Subsequent'' to ''Title''

§ 39.6 Exercise of a Reserved Power of Withdrawal or Termination

§ 39.7 Illustration-Time Limit on Warranty of Quality-Form of Pleading

§ 39.8 ''Conditional Delivery'' of an Instrument and the ''Parol Evidence Rule''

§ 39.9 Duty of Immediate Performance Distinguished From Remedial Duty to Make Compensation

§ 39.10 Forfeitures Are Regarded With Disfavor

§ 39.11 Burden of Proof, as Affected by the Form of Stating a Condition-Statutory Rule of Pleading

§ 39.12 Illustration-When Burden of Allegation and Burden of Proof Are on Defendant

§ 39.13 Burden of Proof-Exceptions and Limitations

Supp. To CHAPTER 39 CONDITIONS SUBSEQUENT-ANALYSIS-PLEADING AND BURDEN OF PROOF 7

Supp. to § 39.1 Condition ''Subsequent'' Distinguished From Condition ''Precedent''

Supp. to § 39.3 Illustration-Note Conditioned to Be Void on a Specified Event

Supp. to § 39.4 Illustration from Insurance-Condition of Survivorship-''Vested'' Interest

Supp. to § 39.5 Illustration-Sale With Privilege of Return-Condition ''Subsequent'' to ''Title''

Supp. to § 39.10 Forfeitures Are Regarded With Disfavor

Supp. to § 39.11 Condition ''Subsequent'' Distinguished from Condition ''Precedent''

Supp. to § 39.12 Illustration-When Burden of Allegation and Burden of Proof Are on Defendant

CHAPTER 40 ELIMINATION OF CONDITIONS BY WAIVER OR PREVENTION 21

§ 40.Syn Synopsis to Chapter 40: elimination of conditions by waiver or prevention

§ 40.1 Waiver and Estoppel Compared

§ 40.2 Waiver of a Condition May Be Effective Without a Consideration

§ 40.3 Waiver of Condition of Payment or Other Performance on Time

§ 40.4 Waiver By Continuing to Perform or to Receive Performance

§ 40.5 Waiver of Conditions in Building Contracts

§ 40.6 Condition ''Subsequent'' Made Inoperative by Waiver, Estoppel, or Subsequent Events

§ 40.7 Waiver of ''Legal Tender'' as a Condition

§ 40.8 Waiver of Condition of Notice

§ 40.9 Waiver of Defects in Title to Land

§ 40.10 Waiver of Provision That Contract Shall Be Void on Specified Conditions

§ 40.11 Waiver and Estoppel by Omission to State an Existing Ground of Defense

§ 40.12 Waiver and Letters of Credit as Support of Ground for Action under a Contract

§ 40.13 Effect of Express Provisions Against Waiver or Variation

§ 40.14 Power to Re-establish a Condition That Has Been Eliminated by Waiver

§ 40.15 Proof of Waiver Not Admissible Unless Pleaded

§ 40.16 Waiver of a Condition of One's Own Duty Is Not a Discharge of His Right to Damages for the Other's Breach

§ 40.17 Elimination of a Condition by Unjustified Prevention of its Fulfillment

§ 40.18 Broker's Right to a Commission Prevented by the Principal's Refusal or Inability to Fulfill Condition to Convey

§ 40.19 When a Party's Non-performance Contributes to Making the Fulfillment of a Condition More Difficult or Expensive

§ 40.20 Implied Promise to Procure a License or Permit

Supp. To CHAPTER 40 ELIMINATION OF CONDITIONS BY WAIVER OR PREVENTION 12

Supp. to § 40.1 Waiver and Estoppel Compared

Supp. to § 40.2 Waiver of Condition May Be Effective Without Consideration

Supp. to § 40.3 Waiver of Condition of Payment or Other Performance on Time

Supp. to § 40.4 Waiver by Continuing to Perform or to Receive Performance

Supp. to § 40.5 Waiver of Conditions in Building Contracts

Supp. to § 40.7 Waiver of ''Legal Tender'' as a Condition

Supp. to § 40.10 Waiver of Provision That Contract Shall Be Void on Specified Conditions

Supp. to § 40.11 Waiver and Estoppel by Omission to State an Existing Ground of Defense

Supp. to § 40.13 Effect of Express Provisions Against Waiver or Variation

Supp. to § 33A.7 Proof of Waiver Not Admissible Unless Pleaded

Supp. to § 40.16 Waiver of a Condition of One's Own Duty Is Not a Discharge of His Right to Damages for the Other's Breach

Supp. to § 40.17 Elimination of a Condition by Unjustified Prevention of Its Fulfillment

PART V RIGHTS OF THIRD PARTIES-ASSIGNMENT-JOINT AND SEVERAL CONTRACTS 3|15|125

TOPIC A THIRD PARTY BENEFICIARIES 6|48

CHAPTER 41 PRELIMINARY ANALYSIS-ISSUES AND TERMINOLOGY 5