内容

目次

1, Preliminary Definitions 2, Offers; Creation and Duration of Power of Acceptance 3, Acceptance and Rejection of Offers 4, Indefiniteness and Mistake in Expression 5, Consideration 6, Consideration - Mutuality of Obligation-Requirement and Output Contracts-Effect of Option 7, Consideration-Effect Of Pre-Existing Duty 8, Reliance on a Promise as a Ground for Enforcement: The Doctrine of Promissory Estoppel 9, Past Consideration and Moral Obligation 10, Contracts Under Seal, Recognizances, Negotiable Instruments and Documents, and Letters of Credit 11, Option Contracts and Rights of First Refusal 12, History and Legal Operation of the Statute of Fraud 13, Statute of Frauds -Oral Variation or Rescission -Contracts Partly Within 14, Manner of Raising Defenses-Restitution And Reformation 15, Statute of Frauds-Debts of Another-Suretyship and Guaranty 16, Debts of Another Leading Object Rule-Indemnity Contracts 17, Statute of Frauds-Interests In Land 18, Interests in Land-Effect of Part Performance of Oral Contract 19, Statute of Frauds- Contracts Not Performable Within One Year 20, Statute of Frauds-Contracts in Consideration of Marriage 21, Statute of Frauds-Contracts for the Sale of Goods 22, Substance of the Memorandum: Its Nature and Contents 23, Formal Requirements-Writing-Record-Signature-Oral Evidence 24, Interpretation of Contracts 25, The “Parol Evidence Rule” 26, Implied Terms, Default Rules, and the Concept of Good Faith 27, Capacity of Parties 28, Avoidance or Reformation for Misconduct or Mistake 29, Unconscionability and the Duty to Read 30, Definitions and Terminology - Conditions Classified 31, Express Conditions and Promises 32, Constructive Conditions 33, Constructive Conditions In Contracts for the Sale of Goods 34, Constructive Conditions In Service Contracts, Charter Parties, and Leases 35, Condition In Installment Contracts 36, Character and Effect of Substantial Performance 37, Condition of Performance on Time -Condition of Notice 38, Aleatory Contracts 39, Condition Subsequent -Analysis-Pleading and Burden of Proof 40, Elimination of Conditions by Waiver or Prevention 41, Preliminary Analysis-Issues and Terminology 42, Third Party Beneficiary History 43, Third Party Beneficiary Statutes 44, Intent to Benefit-Restatements-Interpretation 45, Beneficiaries of Specific Types of Contracts 46, Remedies, Powers and Defenses-Beneficiary, Promisee, and Promisor 47, Assignments-Preliminary Analysis-History-Terminology 48, Gift Assignments 49, Assignability and Delegability -Freedom and Its Limitations 50, Conditional and Future Rights, and After-Acquired Property 51, Legal Effect s of Assignment-Defenses and Priorities 52, Joint and Several Contracts 53, Varieties of Breaches of Contracts-Total and Partial Breaches 54, Breach of Contract by Anticipatory Repudiation 55, Purpose and Extent of Damages-Causation, Compensation, Value 56, Forseeability-Anticipated Profits-Degrees of Uncertainty 57, Alternative Measures – Expenditures - Avoidable Consequences – Interest - Anticipatory Repudiation 58, Liquidated Damages and Penalties 59, Damages for Mental Suffering-Punitive Damages-Lending Money-Alternative Contracts-Contracts for the Benefit of a Third Person 60, Damages: Building Contracts-Employment-Sales of Land-Sales of Goods –Contracts under UCC 61, General Requirements for Obtaining Restitution 62, Restitution in Favor of a Plaintiff in Default 63, Adequacy of Remedies Other then Specific Performances 64, Special Reasons for Denying Specific Enforcement 65, Mutuality of Remedy-Negative Contracts-Liquidated Damages 66, Election of Remedies 67, Discharge of Contract: Performance, Tender, Rescission, Release, Gift, Surrender, Cancellation, Contract Not To Sue 68 Discharge by Nonperformance of Condition-Breach-Failure of Consideration-Prevention-Power Reserved-Condition Subsequent 69, The Legal Operation of an Executory Accord 70, Accord and Satisfaction 71, Substituted Contract and Novation 72, Account Stated 73, Specialties-Alteration-Judgment-Award-Claim Preclusion 74, Impossibility of Performance-Personal Inability 75, Death or Destruction of Specific Things-Prorating Supply 76, Legal Prohibition-Government Prohibition and Exigencies of War 77, Discharge By Frustration of Purpose 78, Impossibility of Performance of a Condition; Remedy of Restitution 79, Contracts Contrary To Public Policy 80, Contracts In Restraint Of Competition 81, Contracts Involving Familial Relationships 82, Sunday Contracts 83, Bargains Harmful to the Administration of Justice 84, Bargains Harmful to Public or Performance of Fiduciary Duty 85, Bargains To Defraud Or Otherwise Injure Third Persons 86, Wagering Bargains 87, Usury Bargains 88, Miscellaneous Bargains Contrary to Public Policy 89, Effects of Being Contrary to Public Policy-Availability of Restitution