- •§ 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
§ 68.Syn Synopsis to Chapter 68: discharge by nonperformance of condition- breach-failure of consideration- ...
§ 68.1 Discharge of Duty by Nonperformance of a Condition 2
§ 68.2 Discharge or Suspension of Duty by the Other Party's Breach of Contract 3|5
§ 68.3 Discharge and the ''Wilful'' Breach
§ 68.4 Discharge by Failure of Consideration Either Existing or Prospective 3|8
§ 68.5 Proof of Prospective Failure of Performance 2|4
§ 68.6 Prospective Inability-Three Special Settings 3
§ 68.7 Prevention by Promisee as a Defense to the Promisor
§ 68.8 Discharge by Unjustly Increasing the Promisor's Risk-Causing the Happening of a Condition
§ 68.9 Termination of a Contract-Exercise of a Power Reserved 6
§ 68.10 Discharge by Condition Subsequent
Supp. To CHAPTER 68 DISCHARGE BY NONPERFORMANCE OF CONDITION-BREACH-FAILURE OF CONSIDERATION-PREVENTION-POWER ... 7
Supp. to § 68.1 Discharge of Duty by Nonperformance of a Condition
Supp. to § 68.2 Discharge or Suspension of Duty by the Other Party's Breach of Contract
Supp. to § 68.4 Discharge by Failure of Consideration Either Existing or Prospective
Supp. to § 68.5 Proof of Prospective Failure of Performance
Supp. to § 68.6 Prospective Inability-Three Special Settings
Supp. to § 68.7 Prevention by Promisee as a Defense to the Promissor
Supp. to § 68.9 Termination of a Contract-Exercise of a Power Reserved
CHAPTER 69 THE LEGAL OPERATION OF AN EXECUTORY ACCORD 5
§ 69.Syn Synopsis to Chapter 69: the legal operation of an executory accord
§ 69.1 Definition of Accord-Compromise Agreements
§ 69.2 Executory Accord: Part Performance, Performance, and Breach
§ 69.3 A Mere Offer Is Not an Accord
§ 69.4 An Executory Accord Is an Enforceable Contract
Supp. To CHAPTER 69 THE LEGAL OPERATION OF AN EXECUTORY ACCORD 3
Supp. to § 69.1 Definition of Accord-Compromise Agreements
Supp. to § 69.2 Executory Accord: Part Performance, Performance and Breach
Supp. to § 69.3 A Mere Offer is Not an Accord
CHAPTER 70 ACCORD AND SATISFACTION 16|19
§ 70.syn Synopsis to Chapter 70: ACCORD AND SATISFACTION
§ 70.1 Accord and Satisfaction-Discharge by Substituted Performance
§ 70.2 Accord and Satisfaction Requires an Expression of Assent 3
§ 70.3 Acceptance of Part Payment of a Liquidated Debt as a Discharge-Foakes v. Beer
§ 70.4 Part Payment in Advance of Maturity or at a Different Place
§ 70.5 Some Performance Different From That Previously Required
§ 70.6 Payment or Other Performance by a Third Person as Satisfaction
§ 70.7 Mutual Discharge of Reciprocal Obligations
§ 70.8 Dispute as to Validity of Claim-Good Faith Is Necessary
§ 70.9 Settlement of Doubtful, Disputed, or Otherwise Unliquidated Claims
§ 70.10 Discharge of Unliquidated Claim by Performance of a Part That Is Admittedly Due
§ 70.11 Illustrations of Unliquidated Claims
§ 70.12 Settlements by Fiduciaries
§ 70.13 Compositions With Creditors
§ 70.14 Effect of Mistake or Misrepresentation Upon Accords and Compromises
§ 70.15 Burden of Proving an Accord and Satisfaction
Supp. To CHAPTER 70 ACCORD AND SATISFACTION 5
Supp. to § 70.1 Accord and Satisfaction-Discharge by Substituted Performance
Supp. to § 70.2 Accord and Satisfaction Requires an Expression of Assent
Supp. to § 70.2(3) Assent by the Creditor-Cashing or Retention of a Check
Supp. to § 70.7 Mutual Discharge of Reciprocal Obligations
Supp. to § 70.15 Burden of Proving an Accord and Satisfaction
CHAPTER 71 SUBSTITUTED CONTRACT AND NOVATION 7|21
§ 71.syn Synopsis to Chapter 71: SUBSTITUTED CONTRACT AND NOVATION
§ 71.1 Discharge by a Substituted Executory Contract 5
§ 71.2 Oral Discharge or Variation of a Written Contract 3
§ 71.3 Discharge by Novation 4
§ 71.4 Novation by Accepting a Third Person's Note 2
§ 71.5 Effect of Third-Party Promisor's Erroneous Belief of an Existing Debt to the Discharged Obligor
§ 71.6 Statute of Frauds
Supp. To CHAPTER 71 SUBSTITUTED CONTRACT AND NOVATION 3
Supp. to § 71.1 Discharge by a Substituted Executory Contract
Supp. to § 71.2 Oral Discharge of Variation of a Written Contract
Supp. to § 71.3 Discharge by Novation
CHAPTER 72 ACCOUNT STATED 5|11
§ 72.syn Synopsis to Chapter 72: ACCOUNT STATED
§ 72.1 Account Stated-Striking the Balance Due 4
§ 72.2 Action by Creditor for an Amount in Excess of the Account Stated
§ 72.3 An Account Stated May Be Oral or Written
§ 72.4 Account Stated: New Cause of Action-Statute of Limitations 2
Supp. To CHAPTER 72 ACCOUNT STATED 2
Supp. to § 72.1 Account Stated-Striking the Balance Due
Supp. to § 72.4 Account Stated: New Cause of Action-Statute of Limitations
CHAPTER 73 SPECIALTIES-ALTERATION-JUDGMENT-AWARD-CLAIM PRECLUSION 5
§ 73.syn Synopsis to Chapter 73: SPECIALTIES-ALTERATION-JUDGMENT-AWARD-CLAIM PRECLUSION
§ 73.1 Discharge of Sealed Promises by Parol
§ 73.2 Discharge by Alteration of a Written Contract
§ 73.3 Discharge by Judgment or Arbitral Award-Claim Preclusion
§ 73.4 Discharge by Deed or Formal Contract
Supp. To CHAPTER 73 Specialties-Alteration-Judgment-Award-Claim Preclusion 2
Supp. to § 73.2 Discharge by Alteration of a Written Contract
Supp. to § 73.4 Discharge by Deed or Formal Contract
Supp. To CHAPTER 73 Specialties-Alteration-Judgment-Award-Claim Preclusion 2
Supp. to § 73.2 Discharge by Alteration of a Written Contract
Supp. to § 73.4 Discharge by Deed or Formal Contract
TOPIC B IMPOSSIBILITY 10|96
CHAPTER 74 IMPOSSIBILITY OF PERFORMANCE- PERSONAL INABILITY 20