- •§ 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
§ 81.Syn Synopsis to Chapter 81: contracts involving familial relationships
§ 81.1 Restraints on the Right to Marry
§ 81.2 Agreements in Derogation of Marriage
§ 81.3 Agreements to Marry by One Already Married-Brokerage Contracts
§ 81.4 Cohabitation Agreements
§ 81.5 Agreements Relating to the Custody and Support of Children
§ 81.6 Surrogacy Contracts
§ 81.7 Agreements Relating to Pre-Embryos
Supp. To CHAPTER 81 CONTRACTS INVOLVING FAMILIAL RELATIONSHIPS 3
Supp. to § 81.2 Agreements in Derogation of Marriage
Supp. to § 81.3 Agreements to Marry by One Already Married-Brokerage Contracts
Supp. to § 81.4 Cohabitation Agreements
CHAPTER 82 SUNDAY CONTRACTS 4
§ 82.syn Synopsis to Chapter 82: SUNDAY CONTRACTS
§ 82.1 Bargains Made or to Be Performed on Sunday
§ 82.2 Ratification or Adoption of a Sunday Bargain
§ 82.3 Bargains Made on a Weekday Requiring Performance on Sunday
CHAPTER 83 BARGAINS HARMFUL TO THE ADMINISTRATION OF JUSTICE 19
§ 83.syn Synopsis to Chapter 83: BARGAINS HARMFUL TO THE ADMINISTRATION OF JUSTICE
§ 83.1 Bargains for Compounding Crime or Stifling a Prosecution-Generally
§ 83.2 Bargains for Compounding Crime or Stifling a Prosecution-Plea Agreements and Other Agreements by Prosecuting ...
§ 83.3 Bargains for Obtaining Evidence or Giving Testimony
§ 83.4 Agreements to Oust the Courts of Jurisdiction-History
§ 83.5 Agreements to Arbitrate
§ 83.6 Forum Selection Agreements
§ 83.7 Agreements Limiting Remedies
§ 83.8 Agreements Modifying Limitations Periods
§ 83.9 Choice of Law Agreements
§ 83.10 Champerty and Maintenance-History and Definitions
§ 83.11 Present Day Law of Champerty and Maintenance
§ 83.12 Agreements Historically Not Champertous-Contingency Fees for Attorneys, Actions to Protect an Already ...
§ 83.13 A Champertous Bargain With Another Does Not Affect the Plaintiff's Right Against the Defendant
§ 83.14 The Effect of Champerty on an Attorney's Right to Reasonable Compensation
§ 83.15 An Assignment Is Void If It Is Part of a Champertous Bargain
§ 83.16 Bargains to Procure Clients and Promote Litigation
§ 83.17 Bargains to Split Fees
§ 83.18 Mary Carter Agreements
Supp. To CHAPTER 83 BARGAINS HARMFUL TO THE ADMINISTRATION OF JUSTICE 4
Supp. to § 83.5 Agreements to Arbitrate
Supp. to § 83.6 Forum Selection Agreements
Supp. to § 83.9 Choice of Law Agreements
Supp. to § 83.17 Scope
CHAPTER 84 BARGAINS HARMFUL TO THE PUBLIC SERVICE OR TO THE PERFORMANCE OF FIDUCIARY DUTY 10
§ 84.syn Synopsis to Chapter 84: BARGAINS HARMFUL TO THE PUBLIC SERVICE OR TO THE PERFORMANCE OF FIDUCIARY DUTY
§ 84.1 Lobbying Agreements for Influencing Legislative Action
§ 84.2 Claims Against the Government-Contingent Fees
§ 84.3 Presumption in Favor of Legality and Enforceability-Actual Use of Improper Methods
§ 84.4 Bargains for Services in Procuring Government Contracts
§ 84.5 Bargains for Inducing Other Forms of Administrative Action-Appointments and Pardons
§ 84.6 Bargains to Procure the Location of Railways and Public Buildings
§ 84.7 Bargains Varying the Salary or Fees of a Public Official
§ 84.8 Bargains for the Vote of a Corporate Shareholder
§ 84.9 Bargains That Impair the Fiduciary Obligations of Corporate Directors
Supp. To CHAPTER 84 Bargains Harmful to the Public Service or to the Performance of Fiduciary Duty 1
Supp. to § 84.3 Presumption in Favor of Legality and Enforceability-Actual Use of Improper Methods
CHAPTER 85 BARGAINS TO DEFRAUD OR OTHERWISE INJURE THIRD PERSONS 20
§ 85.syn Synopsis to Chapter 85: BARGAINS TO DEFRAUD OR OTHERWISE INJURE THIRD PERSONS
§ 85.1 Bargains for the Purpose of Defrauding Others-Generally
§ 85.2 Bargains Involving Breach of Trust
§ 85.3 Bargains of an Agent in Fraud of the Principal
§ 85.4 Bargains for a Conveyance in Fraud of Creditors-Equity, Common Law, and Modern Statutes
§ 85.5 Transfers Voidable by Creditors Even Though No Actual Purpose to Defraud-Effect on Enforcement of the Bargain ...
§ 85.6 Does Enforcement by the Debtor Depend on Which Party Proves the Fraudulent Nature of the Bargain?
§ 85.7 Statute of Frauds No Defense as Against a Trust by Operation of Law
§ 85.8 Effect of Conveyances and Other Performance Under the Fraudulent Bargain
§ 85.9 Denial of All Remedy Is Variable in Effect and Often Unjust
§ 85.10 Enforcement of Transferee's Promise by Preventing the Transferee From Asserting the Fraudulent Nature of the ...
§ 85.11 Enforcement of Restitution When the Transferor Is in Greater Fault or the Intended Fraud Is Not Actually ...
§ 85.12 Consistency With Statements of the Law of Trusts
§ 85.13 Bargains by a Creditor for a Preference Over Other Creditors
§ 85.14 Agreements to Suppress Competition Among Bidders
§ 85.15 Puffing and By-Bidding at Auctions
§ 85.16 Bargains Inducing Breach of Contract With a Third Person
§ 85.17 Bargains to Indemnify Against Consequences of Criminal or Other Wrongful Action
§ 85.18 Bargains for Exemption From Liability for Negligence
§ 85.19 Effect of a Sham Bargain Intended Only to Deceive Others
Supp. To CHAPTER 85 BARGAINS TO DEFRAUD OR OTHERWISE INJURE THIRD PERSONS 3
Supp. to § 85.11 Enforcement of Restitution when the Transferor is in Greater Fault or the Intended Fraud is Not ...
Supp. to § 85.17 Bargains to Indemnify Against Consequences of Criminal or Other Wrongful Action
Supp. to § 85.18 Bargains for Exemption From Liability for Negligence
CHAPTER 86 WAGERING BARGAINS 23
§ 86.syn Synopsis to Chapter 86: WAGERING BARGAINS
§ 86.1 When Is an Aleatory Agreement a Wagering or Gambling Agreement?
§ 86.2 Insurance Contracts and Wagers
§ 86.3 The Statutory and Common Law Bases of the Public Policy Against Wagers
§ 86.4 The Effect of Public Policy Upon the Legal Operation of a Wagering Bargain-Enforcement by Winners
§ 86.5 The Effect of Public Policy Upon the Legal Operation of a Wagering Bargain-Enforcement by Losers and Others
§ 86.6 The Effect of Public Policy Upon the Legal Operation of a Wagering Bargain-Rights of Stakeholders
§ 86.7 Compensation of Stakeholders and of Brokers Who Negotiate Wagers
§ 86.8 Lending Money-Enforcing Wagering Debts
§ 86.9 Lotteries
§ 86.10 Betting Pools-Pari-Mutuel Gambling
§ 86.11 Bargains for a Prize to the Winner of a Competition
§ 86.12 Speculative Investment Compared With Wagering
§ 86.13 Commodity Futures-The Interaction of Federal and State Law
§ 86.14 The Traditional View of Speculative Transactions-The Delivery Requirement and Bargains for the Payment of ...
§ 86.15 The Traditional View of Speculative Transactions-Hedging Contracts Are Valid
§ 86.16 The Traditional View of Speculative Transactions-Futures
§ 86.17 The Traditional View of Speculative Transactions-Options
§ 86.18 Contracts to Pay a Specified Price on an Uncertain Event
§ 86.19 Selling Short
§ 86.20 Purchase and Sale on Margin
§ 86.21 Common Types of Aleatory Commercial Bargains-Suretyship
§ 86.22 Aleatory Contracts of Indemnity Are Not Wagers
CHAPTER 87 USURY BARGAINS 16
§ 87.syn Synopsis to Chapter 87: USURY BARGAINS
§ 87.1 History and Purpose of Usury Laws
§ 87.2 The Tension Between the Goals of Protecting Borrowers and Furthering Loans-State Statutes and Exceptions
§ 87.3 The Tension Between the Goals of Protecting Borrowers and Furthering Loans-Federal Statutes
§ 87.4 Sales on Credit-The Time-Price Doctrine
§ 87.5 Usurious Loans May Be Disguised as Sales, Leases, or Service Contracts
§ 87.6 Additional Costs Surrounding a Loan
§ 87.7 Contingent Promises Are Not Usurious
§ 87.8 The Deduction of Interest in Advance and 360-Day Calculations
§ 87.9 Intent
§ 87.10 Savings Clauses
§ 87.11 The Effect of Voluntary Payment Before Maturity and Acceleration Clauses
§ 87.12 The Effect of Renewals of Usurious Loans and of New Promises Eliminating the Excessive Interest
§ 87.13 Compound Interest Is Sometimes Illegal
§ 87.14 Legal Effects of Usury-Remedies Available
§ 87.15 Usury Statutes and the Conflict of Laws
CHAPTER 88 MISCELLANEOUS BARGAINS CONTRARY TO PUBLIC POLICY 10
§ 88.syn Synopsis to Chapter 88: MISCELLANEOUS BARGAINS CONTRARY TO PUBLIC POLICY
§ 88.1 Licensing and Registration Statutes: Effect of Bargains Made Without Compliance
§ 88.2 The Penalty of Unenforceability May Be Expressly Included by the Terms of the Statute
§ 88.3 The Purpose of the Statute-Collection of Revenue or Protection Against Wrongdoing and Incompetence
§ 88.4 Various Types of Businesses or Professions Requiring Licenses, Certificates, or Registration
§ 88.5 Lease Contracts in Violation of Housing Codes
§ 88.6 Statutes as to Foreign Corporations, Trade Names, and Sales of Securities
§ 88.7 The Power to Waive or Bargain Away Rights and Defenses Conferred by Law
§ 88.8 The Effect of a Provision in a Contract That It Shall Be Incontestable for Fraud
§ 88.9 Bargains With or in Aid of Countries Hostile to the United States
Supp. To CHAPTER 88 MISCELLANEOUS BARGAINS CONTRARY TO PUBLIC POLICY 6
Supp. to § 88.1 Licensing and Registration Statutes: Effect of Bargains Made Without Compliance
Supp. to § 88.2 The Penalty of Unenforceability May Be Expressly Included by the Terms of the Statute
Supp. to § 88.3 The Purpose of the Statute-Collection of Revenue or Protection Against Wrongdoing and Incompetence
Supp. to § 88.7 The Power to Waive or Bargain Away Rights and Defenses Conferred by Law
Supp. to § 88.8 The Effect of a Provision in a Contract That It Shall Be Incontestable For Fraud
Supp. to § 88.9 Bargains With or in Aid of Countries Hostile to the United States
CHAPTER 89 THE EFFECTS OF BEING CONTRARY TO PUBLIC POLICY AND THE AVAILABILITY OF RESTITUTION 24