- •§ 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
§ 62.Syn Synopsis to Chapter 62: restitution in favor of a plaintiff in default
§ 1122 One Who Is Himself in Major Default May Have a Right of Restitution
§ 1123 When the Plaintiff's Breach Is ''Wilful''
§ 1124 Measure of Recovery by a Plaintiff in Substantial Default
§ 1125 Restitution in Favor of a Defaulting Building Contractor
§ 1126 Effect of ''Acceptance'' of the Defective Structure
§ 1127 Restitution in Favor of a Defaulting Employee
§ 1128 Recovery by a Seller of Goods Who Has Made a Delivery Not in Conformance With the Contract
§ 1129 Restitution of Instalments in Favor of a Defaulting Purchaser of Land or Chattels
§ 1130 Purchaser Has No Right of Restitution While Vendor Still Has Right to Specific Performance
§ 1131 Rescission of the Contract and Its Effect in Creating a Right of Restitution
§ 1132 Purchaser Has No Right of Restitution Unless Payments Exceed Vendor's Injury
§ 1133 Forfeiture Provision Distinguished From a Genuine Liquidation of Damages
§ 1134 Restitution in Cases of Conditional Sales of Goods
§ 1135 Purchaser's Right of Restitution-General Conclusion
Supp. To CHAPTER 62 RESTITUTION IN FAVOR OF A PLAINTIFF IN DEFAULT 12
Supp. to § 1122 One Who Is Himself in Major Default May Have a Right of Restitution
Supp. to § 1123 When the Plaintiff's Breach Is ''Willful''
Supp. to § 1124 Measure of Recovery by a Plaintiff in Substantial Default
Supp. to § 1125 Restitution in Favor of a Defaulting Building Contractor
Supp. to § 1126 Effect of ''Acceptance'' of the Defective Structure
Supp. to § 1127 Restitution in Favor of a Defaulting Employee
Supp. to § 1129 Restitution of Installments in Favor of a Defaulting Purchaser of Land or Chattels
Supp. to § 1130 Purchaser Has No Right of Restitution While Vendor Still Has Right to Specific Performance
Supp. to § 1131 Rescission of Contract and Its Effect in Creating a Right of Restitution
Supp. to § 1132 Purchaser Has No Right of Restitution Unless Payments Exceed Vendor's Injury
Supp. to § 1133 Forfeiture Provision Distinguished From a Genuine Liquidation of Damages
Supp. to § 1135 Purchaser's Right of Restitution-General Conclusion
TOPIC D SPECIFIC PERFORMANCE 6|147
CHAPTER 63 ADEQUACY OF OTHER REMEDIES 27
§ 63.Syn Synopsis to Chapter 63: adequacy of other remedies
§ 1136 Is Specific Performance a Discretionary Remedy?
§ 1137 Discretionary Form of the Decree-Character of the Performance Commanded
§ 1138 Affirmative and Negative Decrees Compared
§ 1139 Development of Specific Performance as a Supplementary Remedy
§ 1140 Requirement That the Contract Shall Be Legally Enforceable
§ 1141 Specific Performance as a Means of Preventing a Breach in the Future
§ 1142 Factors to Be Considered in Determining the Adequacy of Money Damages as a Remedy
§ 1143 Contracts for the Sale of Land
§ 1144 Contracts for the Sale of Standing Timber
§ 1145 The Right of a Vendor of Land to Specific Performance by the Purchaser
§ 1146 Contracts for Sale of Chattels and Choses in Action
§ 1147 Contracts Requiring Performance in Instalments
§ 1148 Contracts for the Sale of Corporate Shares
§ 1149 Specific Performance in Favor of the Seller of Goods
§ 1150 Contracts of Indemnity
§ 1151 Contracts of an Insurer
§ 1152 Contracts to Lend Money
§ 1153 Contracts to Give Security
§ 1154 Contracts for the Benefit of a Third Person
§ 1155 Contracts by a Trustee
§ 1156 Insolvency as a Fact Making the Remedy in Money Damages Inadequate
§ 1157 Adequacy of Common Law or Statutory Remedies Other Than Compensation in Money
§ 1158 Adequacy of Remedies in the Nature of Self-Help
§ 1159 Specific Performance of the Entire Contract When Damages Would Be an Adequate Remedy as to a Part
§ 1160 Part Performance Specifically Compelled With Compensation for Deficiency or Defect
§ 1161 Damages in Lieu of Specific Performance
Supp. To CHAPTER 63 ADEQUACY OF OTHER REMEDIES 22
Supp. to § 1136 Is Specific Performance a Discretionary Remedy?
Supp. to § 1137 Discretionary Form of the Decree-Character of the Performance Commanded
Supp. to § 1138 Affirmative and Negative Decrees Compared
Supp. to § 1139 Development of Specific Performance as a Supplementary Remedy
Supp. to § 1140 Requirement That the Contract Shall Be Legally Enforceable
Supp. to § 1141 Specific Performance as a Means of Preventing a Breach in the Future
Supp. to § 1142 Factors to Be Considered in Determining the Adequacy of Money Damages as a Remedy
Supp. to § 1143 Contracts for the Sale of Land
Supp. to § 1145 The Right of a Vendor of Land to Specific Performance by the Purchaser
Supp. to § 1146 Contracts for Sale of Chattels and Choses in Action
Supp. to § 1147 Contracts Requiring Performance in Installments
Supp. to § 1148 Contracts for the Sale of Corporate Shares
Supp. to § 1150 Contracts of Indemnity
Supp. to § 1151 Contracts of an Insurer
Supp. to § 1152 Contracts to Lend Money
Supp. to § 1153 Contracts to Give Security
Supp. to § 1154 Contracts for the Benefit of a Third Person
Supp. to § 1155 Contracts by a Trustee
Supp. to § 1157 Adequacy of Common Law or Statutory Remedies Other Than Compensation in Money
Supp. to § 1159 Specific Performance of the Entire Contract When Damages Would Be an Adequate Remedy as to a Part
Supp. to § 1160 Part Performance Specifically Compelled With Compensation for Deficiency or Defect
Supp. to § 1161 Damages in Lieu of Specific Performance
CHAPTER 64 SPECIAL REASONS FOR REFUSING SPECIFIC ENFORCEMENT 17