- •§ 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
§ 4.Syn Synopsis to Chapter 4: indefiniteness and mistake in expression
§ 4.1 Vagueness and Indefiniteness of Terms
§ 4.2 Time of Performance Indefinite-Promises of ''Permanent'' Employment-At Will Employment
§ 4.3 Indefiniteness of Price or Terms of Payment-Money as a Commodity
§ 4.4 Agreed Methods of Determining the Price or Amount
§ 4.5 Reasonable Price-Quasi-Contractual Remedy After Performance
§ 4.6 Uncertainty of Subject Matter to Be Exchanged for Price; Requirements and Output Contracts
§ 4.7 Effect of Subsequent Verbal Clarification or Action by the Parties
§ 4.8 Subsequent Action May Create a Quasi Contract
§ 4.9 Mistake-Difficulty and Complexity of the Subject
§ 4.10 Mistake as to the Words Used, or as to the Meaning Given to Words and Expressions
§ 4.11 Mistake in Transmission of Messages
§ 4.12 Objective and Subjective Theories
§ 4.13 Mutual Assent-''Meeting of the Minds''
§ 4.14 Auction Sales-Offers to Sell and to Buy
Supp. To CHAPTER 4 INDEFINITENESS AND MISTAKE IN EXPRESSION 11
Supp. to § 4.1 Vagueness and Indefiniteness of Terms
Supp. to § 4.2 Time of Performance Indefinite-Promises of ''Permanent'' Employment-At Will Employment
Supp. to § 4.3 Indefiniteness of Price or Terms of Payment-Money as a Commodity
Supp. to § 4.4 Agreed Methods of Determining the Price or Amount
Supp. to § 4.6 Uncertainty of Subject Matter to Be Exchanged for Price-Requirements and Output Contracts
Supp. to § 4.7 Effect of Subsequent Verbal Clarification or Action by the Parties
Supp. to § 4.10 Mistake as to the Words Used, or as to the Meaning Given to Words and Expressions
Supp. to § 4.11 Mistake in Transmission of Messages
Supp. to § 4.12 Objective and Subjective Theories
Supp. to § 4.13 Mutual Assent-''Meeting of the Minds''
Supp. to § 4.14 Auction Sales-Offers to Sell and to Buy
TOPIC B CONSIDERATION 6|131|133|143|147
CHAPTER 5 REASONS FOR ENFORCEMENT OF PROMISES; ACTS, FORBEARANCES AND PROMISES GIVEN IN EXCHANGE 35|37|47|51
§ 5.Syn Synopsis to Chapter 5: reasons for enforcement of promises; acts, forbearances and promises given in exchange
§ 5.1 Meanings of the Terms ''Consideration'' and ''Nudum Pactum''
§ 5.2 Not All Promises Are Legally Enforceable Nor Should They Be
§ 5.3 Is Consideration Evidence of Intention to Be Bound?
§ 5.4 Is an Informal Promise Without Consideration or Any Other Reason for Enforcement Wholly Void?
§ 5.5 Reasons for Making a Promise and Reasons for Giving Consideration 2|12|16
§ 5.6 Is Consideration a ''Quid Pro Quo''?
§ 5.7 Motive and Inducement-Must Consideration Be the ''Inducing Cause'' of the Promise?
§ 5.8 Is Consideration Defined as Benefit to the Promisor or Detriment to the Promisee?
§ 5.9 Benefit to the Promisor as Consideration
§ 5.10 Detriment to the Promisee as Consideration
§ 5.11 Consideration Given by a Third Party Instead of the Promisee
§ 5.12 One Consideration Exchanged for Several Promises
§ 5.13 Two Considerations, One Being Invalid or Not Proved
§ 5.14 Adequacy of the Consideration-Market Equivalence
§ 5.15 Unconscionability and Consideration
§ 5.16 A Sum of Money as Consideration for a Promise to Pay a Larger Sum
§ 5.17 Nominal and Sham Consideration-Effect of a Written Recital of Consideration
§ 5.18 Is Consideration Required to Be Valuable? Love and Affection; Marriage
§ 5.19 Change in Legal Relations as a Consideration
§ 5.20 Lack of Consideration Distinguished From ''Failure of Consideration''
§ 5.21 Forbearances and Promises to Forbear as a Consideration-Forbearance to Exercise a Privilege or Power
§ 5.22 Is Forbearance, Without a Promise to Forbear, Consideration?
§ 5.23 Forbearance for an Unspecified Time
§ 5.24 Forbearance From Suit or Other Legal Remedy or Defense
§ 5.25 Bilateral Contracts-A Promise as Consideration for a Return Promise
§ 5.26 Is the Validity of a Promise as Consideration Dependent on the Validity of the Promised Performance as One?
§ 5.27 An Implied Promise as a Consideration
§ 5.28 An Illusory Promise Is Not Consideration
§ 5.29 Voidable or Unenforceable Promises as Consideration
§ 5.30 Non-binding Promises as Consideration-The Rules of the Two Restatements
§ 5.31 Conditional and Aleatory Promises as Consideration for a Return Promise
§ 5.32 Promises Conditional Upon Events Within the Promisor's Own Power
§ 5.33 Promises Conditional on Personal Satisfaction
§ 5.34 Condition Distinguished From Consideration
Supp. To CHAPTER 5 REASONS FOR ENFORCEMENT OF PROMISES; ACTS, FORBEARANCES AND PROMISES GIVEN IN EXCHANGE 27
Supp. to § 5.1 Meanings of the Terms ''Consideration'' and ''Nudum Pactum''
Supp. to § 5.2 Not All Promises Are Legally Enforceable Nor Should They Be
Supp. to § 5.3 Is Consideration Evidence of Intention to Be Bound
Supp. to § 5.4 Is an Informal Promise Without Consideration or Any Other Reason for Enforcement Wholly Void?
Supp. to § 5.5 Reasons for Making a Promise and Reasons for Giving Consideration
Supp. to § 5.7 Motive and Inducement-Must Consideration Be the ''Inducing Cause'' of the Promise?
Supp. to § 5.8 Is Consideration Defined as Benefit to the Promisor or Detriment to the Promisee?
Supp. to § 5.9 Benefit to the Promisor as Consideration
Supp. to § 5.10 Detriment to the Promisee as Consideration
Supp. to § 5.11 Consideration Given by a Third Party Instead of the Promisee
Supp. to § 5.12 One Consideration Exchanged for Several Promises
Supp. to § 5.13 Two Considerations, One Being Invalid or Not Proved
Supp. to § 5.14 Adequacy of the Consideration-Market Equivalence
Supp. to § 5.15 Unconscionability and Consideration
Supp. to § 5.17 Nominal and Sham Consideration-Effect of a Written Recital of Consideration
Supp. to § 5.18 Is Consideration Required to Be Valuable? Love and Affection-Marriage
Supp. to § 5.19 Change in Legal Relations as a Consideration
Supp. to § 5.20 Lack of Consideration Distinguished From ''Failure of Consideration''
Supp. to § 5.21 Forbearance and Promises to Forbear as a Consideration-Forbearance to Exercise a Privilege or Power
Supp. to § 5.22 Is Forbearance, Without a Promise to Forbear, Consideration?
Supp. to § 5.25 Bilateral Contracts-A Promise as Consideration for a Return Promise
Supp. to § 5.27 An Implied Promise as a Consideration
Supp. to § 5.28 An Illusory Promise Is Not Consideration
Supp. to § 5.31 Conditional and Aleatory Promises as Consideration for a Return Promise
Supp. to § 5.32 Promises Conditional Upon Events Within the Promisor's Own Power
Supp. to § 5.33 Promises Conditional on Personal Satisfaction
Supp. to § 5.34 Condition Distinguished From Consideration
CHAPTER 6 CONSIDERATION-MUTUALITY OF OBLIGATION-REQUIREMENTS AND OUTPUT CONTRACTS-EFFECT OF OPTION 20