Corbin, Arthur L., Perillio, Joseph M., Murray, John E., Murray, Timothy 　著

内容

目次

1. Preliminary Definitions PART I: FORMATION OF CONTRACTS TOPIC A. OFFER AND ACCEPTANCE 2. Offers; Creation and Duration of Power of Acceptance 3. Acceptance and Rejection of Offer 4. Indefiniteness and Mistake in Expression TOPIC B. CONSIDERATION 5. Reasons for Enforcement of Promises; Acts, Forbearances and Promises Given in Exchange 6. Consideration - Mutuality of Obligation - Requirements and Output Contracts - Effect of Option 7. Consideration - Effect of Pre-Existing Duty TOPIC C. INFORMAL CONTRACTS WITHOUT MUTUAL ASSENT OR CONSIDERATION 8. Reliance on a Promise as Ground for Enforcement: The Doctrine of Promissory Estoppel 9. Past Consideration and Moral obligation TOPIC D. FORMAL CONTRACTS 10. Contracts Under Seal, Recognizances, Negotiable Instruments and Documents, and Letters of Credit 11. Option Contracts and Rights of First Refusal - The Legal Relations of the Parties PART II: STATUTE OF FRAUDS 12. History and Legal Operation of the Statute 13. Statute of Frauds - Oral Variation or Rescission; Contracts Partly Within 14. Statute of Frauds - Manner of Raising Defense; Remedies of 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 to Be Performed 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 - Signature - Oral Evidence PART III: INTERPRETATION - PAROL EVIDENCE - AVOIDANCE AND REFORMATION 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 PART IV: CONSTRUCION AND LEGAL OPERATION OF CONTRACT - CONDITIONS OF LEGAL DUTY 30. Definitions and Terminology - Conditions Classified 31. Express Conditions - And Promises 32. Constructive Conditions - Failure to Perform the Agreed Exchange 33. Constructive Conditions in Sale of Goods 33A. Constructive Conditions in Sale of Land 34. Constructive Conditions in Service Contracts, Charter Parties, and Leases 35. Conditions in Installment Contract - Divisibility 36. Substantial Performance, Its Character and Effect 37. Conditions of Performance on Time - Condition of Notice 38. Aleatory Contracts - No Agreed Exchange of Performances 39. Conditions Subsequent - Analysis - Pleading and Burden of Proof 40. Elimination of Conditions by Waiver or Prevention PART V: RIGHTS OF THIRD PARTIES - ASSIGNMENT - JOINT AND SEVERAL CONTRACTS TOPIC A. THIRD PARYT BENEFICIARIES 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 TOPIC B. ASSIGNMENT 47. Preliminary Analysis-Concepts, Terminology, Source of Law 48. Gift Assignments 49. Assignability and Delegability-Freedom and its Limitations 50. Conditional and Future Rights, and After-Acquired Property 51. Legal Effects of Assignment-Defenses and Priorities TOPIC C. JOINT AND SEVERAL CONTRACTS 52. Joint and Several Contracts PART VI: BREACH OF CONTRACT - JUDICIAL REMEDIES TOPIC A. BREACH OF CONTRACT 53. Varieties of Breach - Partial, Total 54. Breach of Contract by Anticipatory Repudiation TOPIC B. DAMAGES AS A REMEDY FOR BREACH 55. Purpose and Extent of Damages - Causation - Compensation - Value 56. Foreseeability - Anticipated Profits - Degrees of Uncertainty 57. Alternative Measures - Expenditures - Avoidable Consequences - Interest - Anticipatory Breach 58. Liquidated Damages and Penalties 59. Mental Suffering - Punitive Damages - Lending Money - Alternative of Contracts - Contracts for Benefit of Third Person 60. Building Contracts - Employment - Sales of Land - Sales of Goods TOPIC C. RESTITUTION AS A REMEDY FOR BREACH 61. Common Law and Equity - General Requirements for Obtaining Restitution 62. Restitution in Favor of a Plaintiff in Default TOPIC D. SPECIFIC PERFORMANCE 63. Adequacy of Other Remedies 64. Special Reasons for Refusing Specific Enforcement 65. Mutuality of Remedy - Negative Contracts - Liquidated Damages TOPIC E. ELECTION OF REMEDIES 66. Election of Remedies PART VII: DISCHARGE AND IMPOSSIBILITY TOPIC A. DISCHARGE OF CONTRACT 67. 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 TOPIC B. IMPOSSIBILITY 74. Impossibility of Performance - Personal Inability 75. Death or Destruction of Specific Things; Prorating Available Supply 76. Legal Prohibition - Government Prohibition and Exigencies of War 77. Discharge by Frustration of Purpose 78. Impossibility of Performance of a Condition; Restitution in Cases of Impossibility PART VIII: CONTRACTS CONTRARY TO PUBLIC POLICY 79. Introduction to 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 the Public Service or to the 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. The Effects of Being Contrary to Public Policy and The Availability of Restitution Index