- •§ 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
§ 60.Syn Synopsis to Chapter 60: building contracts-employment-sales of land-sales of goods
§ 60.1 Building Contracts-Measure of Damages for Breach by Contractor-Cost of Completion
§ 60.2 Unreasonable Economic Waste to Be Avoided
§ 60.3 Owner May Be Entitled to Cost of Repairing Defects Even Though No Loss in Values and Even Though Owner Uses ...
§ 60.4 Contractor's Breach-Damages for Delay in Completion
§ 60.5 Oil Wells-Structures on Land Not Belonging to the Promisee
§ 60.6 Building Contracts-Damages in Favor of Contractor for Breach by the Owner
§ 60.7 Employee's Remedies for Wrongful Discharge by Employer
§ 60.8 Remedies of an Employer for Breach by an Employee
§ 60.9 Lawyers' Remedies Against Clients 3|9
§ 60.10 Measure of Damages for a Vendor's Breach of Contract to Sell Land-The English View
§ 60.11 Breach of Contract to Convey Land-The American View
§ 60.12 Breach by Purchaser of Executory Contract to Buy Land-Effect of Provisions for Forfeiture and Liquidated Damages
§ 60.13 Contracts for the Sale of Goods-Buyer's Remedies
§ 60.14 Buyer's General Damages for Total Breach
§ 60.15 Buyer's Damages for Breach of Warranty, Other Nonconformity, or Fraud Where Goods Have Been Accepted
§ 60.16 Buyer's Consequential and Incidental Damages for Seller's Breach
§ 60.17 Seller's General Damages
§ 60.18 Seller's General Damages Following Resale
§ 60.19 Seller's Consequential and Incidental Damages
§ 60.20 Seller's Action for the Price
§ 60.21 Contracts to Manufacture Special Goods
Supp. To CHAPTER 60 BUILDING CONTRACTS-EMPLOYMENT-SALES OF LAND-SALES OF GOODS- 5
Supp. to § 60.1 Building Contracts-Measure of Damages for Breach by Contractor-Cost of Completion
Supp. to § 60.2 Unreasonable Economic Waste to be Avoided
Supp. to § 60.4 Contractor's Breach-Damages for Delay in Completion
Supp. to § 60.9 Lawyers' Remedies Against Clients
Supp. to § 60.16 Buyer's Consequential and Incidental Damages for Seller's Breach
TOPIC C RESTITUTION AS A REMEDY FOR BREACH 4|72
CHAPTER 61 COMMON LAW AND EQUITY-GENERAL REQUIREMENTS FOR OBTAINING RESTITUTION 21
§ 61.Syn Synopsis to Chapter 61: common law and equity-general requirements for obtaining restitution
§ 1102 The Relation of the Modern Law of Restitution to the Former Systems of Common Law and Equity
§ 1103 Is Restitution an ''Equitable'' Remedy? Effect of the Amalgamation of Equity and Common Law
§ 1104 Restitution Is an Available Remedy Only When the Breach Is of Vital Importance, Described in Restatement, ...
§ 1105 Assertion of a Right to Restitution Is Not the Acceptance of an Offer of ''Rescission''
§ 1106 Restitution When Used as a Remedy for Breach Is Not ''Quasi-Contract''
§ 1107 Restitution Requires the Return to the Injured Party of Value That the Wrongdoer Has Received
§ 1108 Restitution of Money Payments Received by the Contract Breaker
§ 1109 Restitution of the Value of Goods Sold or of Work and Labor Done
§ 1110 Remedy of Restitution Is Not Available If the Performance Rendered Has Already Created a Contract Debt in Money
§ 1111 Restitution Is Not Available for a Performance If Its Apportioned Equivalent Has Been Fully Performed
§ 1112 Measure of Recovery in Actions for Restitution
§ 1113 Effect of the Contract Price or Rate on the Measure of Recovery
§ 1114 Return of Any Part Performance Received as a Condition of the Plaintiff's Right to Restitution
§ 1115 Restitution Not Denied Because Plaintiff Has Had Use of Land or Chattels-Its Value Is Deducted
§ 1116 Actual Tender of Specific Property as a Condition of Restitution-Common Law and Equity
§ 1117 Restitution for Breach of a Contract for the Benefit of a Third Person
§ 1118 Restitution as Against a Repudiating Insurance Company
§ 1119 Breach of Warranty of Goods Sold as Ground for Restitution of the Price Paid
§ 1120 Specific Restitution of Property
§ 1121 Restitution of Former Contract Rights as a Remedy for Breach of a Substituted Contract
Supp. To CHAPTER 61 COMMON LAW AND EQUITY-GENERAL REQUIREMENTS FOR OBTAINING RESTITUTION 20
Supp. to § 1102 The Relation of the Modern Law of Restitution to the Former Systems of Common Law and Equity
Supp. to § 1103 Is Restitution an ''Equitable'' Remedy? Effect of the Amalgamation of Equity and Common Law
Supp. to § 1104 Restitution Is an Available Remedy Only When the Breach Is of Vital Importance, Described in ...
Supp. to § 1105 Assertion of a Right to Restitution Is Not the Acceptance of an Offer of ''Rescission''
Supp. to § 1106 Restitution When Used as a Remedy for Breach Is Not ''Quasi-Contract''
Supp. to § 1107 Restitution Requires the Return to the Injured Party of Value That the Wrongdoer Has Received
Supp. to § 1108 Restitution of Money Payments Received by the Contract Breaker
Supp. to § 1109 Restitution of the Value of Goods Sold or of Work and Labor Done
Supp. to § 1110 Remedy of Restitution Is Not Available if the Performance Rendered Has Already Created a Contract ...
Supp. to § 1111 Restitution Is Not Available for a Performance if Its Apportioned Equivalent Has Been Fully Performed
Supp. to § 1112 Measure of Recovery in Actions for Restitution
Supp. to § 1113 Effect of the Contract Price or Rate on the Measure of Recovery
Supp. to § 1114 Return of Any Part Performance Received as a Condition of the Plaintiff's Right to Restitution
Supp. to § 1115 Restitution Not Denied Because Plaintiff Has Had Use of Land or Chattels-Its Value Is Deducted
Supp. to § 1116 Actual Tender of Specific Property as a Condition of Restitution-Common Law and Equity
Supp. to § 1117 Restitution for Breach of a Contract for the Benefit of a Third Person
Supp. to § 1118 Restitution as Against a Repudiating Insurance Company
Supp. to § 1119 Breach of Warranty of Goods Sold as Ground for Restitution of the Price Paid
Supp. to § 1120 Specific Restitution of Property
Supp. to § 1121 Restitution of Former Contract Rights as a Remedy for Breach of a Substituted Contract
CHAPTER 62 RESTITUTION IN FAVOR OF A PLAINTIFF IN DEFAULT 15