- •§ 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
§ 56.Syn Synopsis to Chapter 56: forseeability-anticipated profits-degrees of uncertainty
§ 56.1 Causation and Foreseeability in the Law of Remedies
§ 56.2 Damages are Recoverable Only for Injury That There Was Reason to Foresee
§ 56.3 Reason to Foresee When? Common Law and UCC Compared
§ 56.4 Reason to Foresee Does Not Require Actual Foresight
§ 56.5 Contemplation of Injury does Not Require Promise to Pay
§ 56.6 What are ''Natural Consequences''-General and Special Damages-Direct and Consequential Damages
§ 56.7 Foreseeability of the Specific Injury and Its Exact Amount Not Required
§ 56.8 Particular Illustrations of Reason to Foresee Injury
§ 56.9 Damages for Extraordinary Harm Due to Special Circumstances
§ 56.10 Extraordinary Resale Profits and Losses
§ 56.11 Extraordinary Losses Caused by the Delay of a Carrier
§ 56.12 Extraordinary Injuries Due to Unusual Methods of Use and Consumption
§ 56.13 Contracts for Delivery of Messages
§ 56.14 Foreseeability and Causation: Contracts and Torts Compared
§ 56.15 Unconscionably Excessive Damages
§ 56.16 Degree of Certainty Required in Proof of Damages
§ 56.17 Reasonable Certainty in Proving Lost Profits and the ''New Business'' Rule
§ 56.18 Proof of Losses as Well as Profits May Be Too Uncertain
§ 56.19 Uncertainty of Amount of Harm-Speculative and Uncertain Profits
§ 56.20 Estimation of Future Profits Where the Continuance of a Going Concern Is Prevented
§ 56.21 Valuation in Case of Lessee's Repudiation of a Long Term Lease of a Going Concern
§ 56.22 Elements of Uncertainty Respecting an Agent's Future Commissions or Profits
§ 56.23 Expected Profits from Oil Wells Never Sunk
§ 56.24 Inapplicability of Precedents Due to Variability of Circumstances
Supp. To CHAPTER 56 FORSEEABILITY-ANTICIPATED PROFITS-DEGREES OF UNCERTAINTY 11
Supp. to § 56.2 Damages are recoverable only for injury that there was reason to foresee
Supp. to § 56.4 Reason to Foresee Does Not Require Actual Foresight
Supp. to § 56.5 Contemplation of Injury does Not Require Promise to Pay
Supp. to § 56.6 What Are ''Natural Consequences''-General and Special Damages-Direct and Consequential Damages
Supp. to § 56.7 Foreseeability of the Specific Injury and its Exact Amount Not Required
Supp. to § 56.8 Particular Illustrations of Reason to Foresee Injury
Supp. to § 56.14 Foreseeability and Causation: Contracts and Torts Compared
Supp. to § 56.16 Degree of Certainty Required in Proof of Damages
Supp. to § 56.17 Reasonable Certainty in Proving Lost Profits and the ''New Business'' Rule
Supp. to § 56.19 Uncertainty of Amount of Harm-Speculative and Uncertain Profits
Supp. to § 56.23 Expected Profits from Oil Wells Never Sunk
CHAPTER 57 ALTERNATIVE MEASURES-EXPENDITURES-AVOIDABLE CONSEQUENCES-INTEREST-ANTICIPATORY BREACH 26
§ 57.Syn Synopsis to Chapter 57: alternative measures-expenditures-avoidable consequences-interest-anticipatory breach
§ 57.1 Alternative Measures of Damages Where the Profits Prevented Are Too Uncertain
§ 57.2 Damages Measured by the Value of the Contract Right
§ 57.3 Recovery of Expenditures in Preparation and Part Performance-Protection of the Reliance Interest
§ 57.4 Recovery of Value of Property Transferred and Services Rendered
§ 57.5 Expenditures in Excess of the Value of the Promised Performance
§ 57.6 Expenses during Preliminary Negotiation
§ 57.7 Expenditures in Reliance on the Contract but Not in Part Performance Thereof-Incidental Reliance
§ 57.8 Recovery of Both Expenditures and the Value of the Promised Performance-Double Recovery to Be Avoided
§ 57.9 Expenses of Litigation Caused by Breach of Contract
§ 57.10 If the Breach Causes a Saving of Expense to the Plaintiff, Damages Are Thereby Reduced
§ 57.11 Damages Are Not Recoverable for Avoidable Consequences
§ 57.12 Use of Defective Goods with Knowledge of Defect
§ 57.13 Non-exclusive Contracts-An Apparent Exception to the Doctrine of Avoidable Consequences; Lost Volume
§ 57.14 Not Necessary to Incur Risk of Losses in Money or Reputation
§ 57.15 Avoidance of Injury by Accepting a Less Advantageous Contract with the Repudiator
§ 57.16 Losses Incurred in Efforts to Avoid the Results of Defendant's Breach
§ 57.17 When Interest Is Recoverable as Damages
§ 57.18 Interest Allowed on ''Liquidated'' Claims
§ 57.19 Compound Interest Usually Not Allowed as Damages
§ 57.20 Unliquidated Claims-Conflict as to Allowance of Interest
§ 57.21 Liquidated Debt Prevented by Defendant's Breach
§ 57.22 Interest Allowed in the Discretion of the Court
§ 57.23 Effect of an Unliquidated Counterclaim of Defendant
§ 57.24 Interest as Affected by Benefits Received by Defendant
§ 57.25 Measure of Damages for Anticipatory Breach
Supp. To CHAPTER 57 ALTERNATIVE MEASURES-EXPENDITURES-AVOIDABLE CONSEQUENCES-INTEREST-ANTICPATORY BREACH 11
Supp. to § 57.3 Recovery of Expenditures in Preparation and Part Performance-Protection of the Reliance Interest
Supp. to § 57.7 Expenditures in Reliance on the Contract but Not in Part Performance Thereof-Incidental Reliance
Supp. to § 57.9 Expenses of Litigation Caused by Breach of Contract
Supp. to § 57.10 If the Breach Causes a Saving or Expense to the Plaintiff, Damages Are Thereby Reduced
Supp. to § 57.11 Damages Are Not Recoverable for Avoidable Consequences
Supp. to § 57.13 Non-exclusive Contracts-An Apparent Exception to the Doctrine of Avoidable Consequences; Lost Volume
Supp. to § 57.14 Not Necessary to Incur Risk of Losses in Money or Reputation
Supp. to § 57.15 Avoidance of Injury by Accepting a Less Advantageous Contract with the Repudiator
Supp. to § 57.17 When Interest is Recoverable as Damages
Supp. to § 57.18 Interest Allowed on ''Liquidated'' Claims
Supp. to § 57.25 Measure of Damages for Anticipatory Breach
CHAPTER 58 LIQUIDATED DAMAGES AND PENALTIES 23