Corbin on Contracts

Copyright 2007, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

PART I FORMATION OF CONTRACTS 4

CHAPTER 1 PRELIMINARY DEFINITIONS 4

§ 1.Syn Synopsis to Chapter 1: preliminary definitions 4

§ 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises 6

§ 1.2 Legal Obligation Defined 9

§ 1.3 n1 Definition of the Term ''Contract'' 10

§ 1.4 Contracts of Adhesion 15

§ 1.5 Formal and Informal Contracts 17

§ 1.6 Voidable Contracts 19

§ 1.7 Void Contracts 22

§ 1.8 Unenforceable Contracts 24

§ 1.9 Agreement Defined 26

§ 1.10 ''Bargain'' as a Contractual Expression 28

§ 1.11 Offer Defined 29

§ 1.12 Simultaneous Expressions of Assent: Contracts Without Offer and Acceptance 32

§ 1.13 What Is a Promise? 35

§ 1.14 Promise and Warranty 38

§ 1.15 Expressions of Intention, Hope, Desire, or Opinion 40

§ 1.16 Letters of Intent 47

§ 1.17 Illusory Promises 48

§ 1.18 n1 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit 52

[a] Implied Assumpsit 52

[b] Indebitatus or General Assumpsit 53

[c] Special Assumpsit 53

§ 1.19 Express and Implied Contracts 56

§ 1.20 Contract and Quasi Contract Distinguished 63

[a] Quasi Contract as a Source of Primary Rights 64

[b] Quasi Contract as a Remedial Device for Unwinding Failed Agreements 65

§ 1.21 General Contract Law, The Uniform Commercial Code, and the United Nations Convention on Contracts for the International Sale of Goods. 72

[a] General contract law and the Restatements 72

[b] The Uniform Commercial Code. 73

[c] The United Nations Convention 74

§ 1.22 The Uniform Commercial Code as a Source of Common Law 78

§ 1.23 Unilateral Contracts Distinguished From Bilateral 85

Supp. to § 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises 93

Supp. to § 1.2 Legal Obligation Defined 94

Supp. to § 1.3 Definition of the Term ''Contract'' 95

Supp. to § 1.4 Contracts of Adhesion 96

Supp. to § 1.6 Voidable Contracts 98

Supp. to § 1.7 Void Contracts 101

Supp. to § 1.9 Agreement Defined 104

Supp. to § 1.11 Offer Defined 107

Supp. to § 1.13 What Is a Promise? 118

Supp. to § 1.14 Promise and Warranty 121

Supp. to § 1.15 Expressions of Intention, Hope, Desire, or Opinion 122

Supp. to § 1.16 Letters of Intent 125

Supp. to § 1.17 Illusory Promises 128

Supp. to § 1.18 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit 130

Supp. to § 1.19 Express and Implied Contracts 135

Supp. to § 1.20 Contract and Quasi Contract Distinguished 141

Supp. to § 1.22 The Uniform Commercial Code as a Source of Common Law 158

Supp. to § 1.23 Unilateral Contracts Distinguished From Bilateral 159

§ 2.17 Effect of Delay in the Delivery of an Offer 268

PART I FORMATION OF CONTRACTS

CHAPTER 1 PRELIMINARY DEFINITIONS

§ 1.syn Synopsis to Chapter 1: PRELIMINARY DEFINITIONS

PART I FORMATION OF CONTRACTS 4

CHAPTER 1 PRELIMINARY DEFINITIONS 4

§ 1.syn Synopsis to Chapter 1: PRELIMINARY DEFINITIONS 4

§ 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises 6

§ 1.2 Legal Obligation Defined 9

§ 1.3 n1 Definition of the Term ''Contract'' 10

§ 1.4 Contracts of Adhesion 15

§ 1.5 Formal and Informal Contracts 17

§ 1.6 Voidable Contracts 19

§ 1.7 Void Contracts 22

§ 1.8 Unenforceable Contracts 24

§ 1.9 Agreement Defined 26

§ 1.10 ''Bargain'' as a Contractual Expression 28

§ 1.11 Offer Defined 29

§ 1.12 Simultaneous Expressions of Assent: Contracts Without Offer and Acceptance 32

§ 1.13 What Is a Promise? 35

§ 1.14 Promise and Warranty 38

§ 1.15 Expressions of Intention, Hope, Desire, or Opinion 40

§ 1.16 Letters of Intent 47

§ 1.17 Illusory Promises 48

§ 1.18 n1 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit 52

[a] Implied Assumpsit 52

[b] Indebitatus or General Assumpsit 53

[c] Special Assumpsit 53

§ 1.19 Express and Implied Contracts 56

§ 1.20 Contract and Quasi Contract Distinguished 63

[a] Quasi Contract as a Source of Primary Rights 64

[b] Quasi Contract as a Remedial Device for Unwinding Failed Agreements 65

§ 1.21 General Contract Law, The Uniform Commercial Code, and the United Nations Convention on Contracts for the International Sale of Goods. 72

[a] General contract law and the Restatements 72

[b] The Uniform Commercial Code. 73

[c] The United Nations Convention 74

§ 1.22 The Uniform Commercial Code as a Source of Common Law 78

§ 1.23 Unilateral Contracts Distinguished From Bilateral 85

Supp. to § 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises 93

Supp. to § 1.2 Legal Obligation Defined 94

Supp. to § 1.3 Definition of the Term ''Contract'' 95

Supp. to § 1.4 Contracts of Adhesion 96

Supp. to § 1.6 Voidable Contracts 98

Supp. to § 1.7 Void Contracts 101

Supp. to § 1.9 Agreement Defined 104

Supp. to § 1.11 Offer Defined 107

Supp. to § 1.13 What Is a Promise? 118

Supp. to § 1.14 Promise and Warranty 121

Supp. to § 1.15 Expressions of Intention, Hope, Desire, or Opinion 122

Supp. to § 1.16 Letters of Intent 125

Supp. to § 1.17 Illusory Promises 128

Supp. to § 1.18 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit 130

Supp. to § 1.19 Express and Implied Contracts 135

Supp. to § 1.20 Contract and Quasi Contract Distinguished 141

Supp. to § 1.22 The Uniform Commercial Code as a Source of Common Law 158

Supp. to § 1.23 Unilateral Contracts Distinguished From Bilateral 159