- •§ 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
§ 12.Syn Synopsis to Chapter 12: history and legal operation of the statute
§ 12.1 Introductory
§ 12.2 Meaning of the Term ''Within the Statute''; Applicability of More Than One Statute of Frauds
§ 12.3 Views of Early Judges as to Operation of the Statute
§ 12.4 The Statute of Frauds Is Not Part of the Common Law
§ 12.5 The Legal Operation of the Statute of Frauds; Effect in Tort Actions
§ 12.6 Statute of Frauds Not Applicable to Formal Contracts
§ 12.7 Operation in Equity and at Common Law Compared; Liberal Application of Equitable Exceptions
§ 12.8 Promissory Estoppel; Equitable Estoppel; Promises to Execute a Sufficient Memorandum 2|7|9
§ 12.9 Operation of Statutes Declaring a Contract ''Void'' or ''Invalid'' if No Memorandum
§ 12.10 Effect of Full Performance by Both Parties
§ 12.11 Oral Promise Is a Sufficient Consideration; Mutuality of Obligation
§ 12.12 Rescission of an Oral Contract as Consideration for a Promise
§ 12.13 Does the Statute Lay Down a Rule of Evidence?
§ 12.14 Operation of Oral Contract as to Third Parties
§ 12.15 Operation of Oral Contract as to Creditors of the Contractor
§ 12.16 Postnuptial Settlements May Be Avoidable by Defrauded Creditors
§ 12.17 Privies in Title
§ 12.18 Conflict of Laws: Choice of Law
§ 12.19 Substance Versus Procedure-Statutes of Frauds, However Worded Should Be Described as Substantive Law
§ 12.20 Statute of Frauds Does Not Affect Contracts Made Prior to the Enactment
§ 12.21 Extent to Which Oral Contracts are Barred as a Defense
§ 12.22 In an Action to Enforce a Contract, Its Own Terms and Conditions May Afford a Defense
§ 12.23 Oral Contract's Role in Defense of an Action for Restitution
§ 12.24 Oral Contract as a Defense in Tort Actions
§ 12.25 Oral Lease as Defense in Action for Possession of Land
Supp. To CHAPTER 12 HISTORY AND LEGAL OPERATION OF THE STATUTE 5|7
Supp. to § 12.1 Introductory
Supp. to § 12.8 Promissory Estoppel-Equitable Estoppel-Promises to Execute a Sufficient Memorandum 2
Supp. to § 12.11 Oral Promise Is a Sufficient Consideration; Mutuality of Obligation
Supp. to § 12.18 Conflict of Laws: Choice of Law
Supp. to § 12.23 Oral Contract's Role in Defense of an Action for Restitution
CHAPTER 13 STATUTE OF FRAUDS-ORAL VARIATION OR RESCISSION; CONTRACTS PARTLY WITHIN 16|21|23
§ 13.Syn Synopsis to Chapter 13: statute of frauds-oral variation or rescission; contracts partly within
§ 13.1 Overview: Effect of the Statute When a Contract Has Been Modified 5|7
§ 13.2 Agreements of Rescission Generally and Under the U.C.C.
§ 13.3 Is a Contract as Modified Within the Statute?
§ 13.4 Enforceability of the New Agreement by Satisfaction of the Statutory Requirements
§ 13.5 Application of the U.C.C. Statute of Frauds to a Modified Contract
§ 13.6 No Different Rule for Agreements Varying Time or ''Mode of Performance''
§ 13.7 Performance by the Plaintiff May Make the Defendant's Oral Promise Enforceable
§ 13.8 Effect of Substituted Performance as a Defense-Discharge by Accord and Satisfaction
§ 13.9 Oral Waiver of Conditions and Estoppel to Assert Them-Effect of Substituted Performance by the Plaintiff
§ 13.10 Effect of Executory Oral Agreement as a Defense When Sued on the Written One
§ 13.11 Effects of Modification: Rescission and Substitution
§ 13.12 Contracts Partly Within the Statute-Divisibility of Unilateral Contracts
§ 13.13 Divisibility of Contracts to Leave Property by Will
§ 13.14 Divisibility of Bilateral Contracts
§ 13.15 Divisibility of Alternative Contracts
Supp. To CHAPTER 13 STATUTE OF FRAUDS-ORAL VARIATION OR RESCISSION-CONTRACTS PARTLY WITHIN 7
Supp. to § 13.1 Overview: Effects of the Statute When a Contract Has Been Modified
Supp. to § 13.2 Agreements of Rescission Generally and Under the U.C.C.
Supp. to § 13.3 Is a Contract as Modified Within the Statute?
Supp. to § 13.4 Enforceability of the New Agreement by Satisfaction of the Statutory Requirements
Supp. to § 13.5 Application of the U.C.C. Statute of Frauds to a Modified Contract
Supp. to § 13.8 Effect of Substituted Performance as a Defense-Discharge by Accord and Satisfaction
Supp. to § 13.9 Oral Waiver of Conditions and Estoppel to Assert Them - Effect of Substituted Performance by the Plaintiff
CHAPTER 14 STATUTE OF FRAUDS-MANNER OF RAISING DEFENSE; REMEDIES OF RESTITUTION AND REFORMATION 28|36|41|45