Farnsworth, E. Allan, Garvin, Larry T. 　著

内容

目次

PART I：Introduction 1. Contracts and Contract Law in General 　A. The Meaning and Role of Contract 　B. The Development of a Basis for Enforcing Promises 　C. Sources and Organization of Contract Law PART II: Enforceability of Promises 2. Consideration and Other Grounds for Recovery 　A. Extent of Liability 　B. Consideration as Bargained-for Exchange 　C. Transactions Lacking Bargained-for Exchange 　D. Transactions with Consideration under Bargain Test 　E. Form and Reform 　F. Restitution as a Ground for Recovery 3. The Bargaining Process: Offer and Acceptance 　A. The Bargaining Process in General 　B. The Objective Theory of Assent 　C. The Mechanics of Assent 　D. Termination of the Power of Acceptance 　E. Protection of the Offeree 　F. The Requirement of Definiteness 4. Policing the Agreement 　A. Policing in General 　B. Status 　C. Behavior 　D. Policing of Modification and Discharge 　E. Contemporary Controls 5. Unenforceability on Grounds of Public Policy 　A. Introduction 　B. Policies Developed by Courts 　C. Policies Derived from Legislation 　D. Mitigating Techniques 6. The Requirement of a Writing: The Statute of Frauds 　A. Introduction 　B. What Contracts are within the Statute 　C. How the Statute can be Satisfied 　D. Effects of Failure to Comply PART III: Scope and Effect of Promises 7. The Law of the Contract: Interpretation and Omitted Cases 　A. The Law of the Contract in General 　B. Determining the Subject Matter to be Interpreted 　C. Interpretation 　D. Deciding Omitted Cases 8. Performance and Nonperformance 　A. Performance in General 　B. Conditions 　C. Nonperformance 　D. Responses to Breach by Nonperformance 　E. Prospective Nonperformance 9. Failure of a Basic Assumption: Mistake, Impracticability and Frustration 　A. Introduction 　B. Mistake 　C. Impracticability and Frustration PART IV: Rights of Third Parties 10. Contract Beneficiaries 　A. Introduction 　B. Intended and Incidental Beneficiaries 　C. Rights of Parties 11. Assignment and Delegation 　A. Introduction 　B. Assignment 　C. Delegation PART V: Enforcement of Promises 12. Remedies 　A. Contract Remedies in General 　B. Enforcement by Specific Performance and Injunction 　C. Enforcement by Award of Damages 　D. Restitution as a Remedy for Breach