- •§ 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
§ 29.Syn Synopsis to Chapter 29: unconscionability and the duty to read
§ 29.1 The Basic Uniform Commercial Code Provision on Unconscionability
§ 29.2 Historical Background
§ 29.3 The Emerging Law of Unconscionability
§ 29.4 What Is Unconscionable?
§ 29.5 Unconscionability Under UCC § 2-719
§ 29.6 Unconscionability Under UCC § 2-309
§ 29.7 Unconscionability Under the UNIDROIT Principles
§ 29.8 The Traditional Duty-to-Read Rule
§ 29.9 Qualifications to the Traditional Duty-to-Read Rule
§ 29.10 The Modern Approach to Contracts of Adhesion and Exculpation and Indemnity Clauses
§ 29.11 The Duty to Read and the Restatement (Second) of Contracts
§ 29.12 The Duty to Read-Concluding Remarks
Supp. To CHAPTER 29 UNCONSCIONABILITY AND THE DUTY TO READ 9
Supp. to § 29.1 The Basic Uniform Commercial Code Provision on Unconscionability
Supp. to § 29.2 Historical Background
Supp. to § 29.3 The Emerging Law of Unconscionability
Supp. to § 29.4 What Is Unconscionable?
Supp. to § 29.8 The Traditional Duty-to-Read Rule
Supp. to § 29.9 Qualifications to the Traditional Duty-to-Read Rule
Supp. to § 29.10 The Modern Approach to Contracts of Adhesion and Exculpation and Indemnity Clauses
Supp. to § 29.11 The Duty to Read and the Restatement (Second) of Contracts
Supp. to § 29.12 The Duty to Read-Concluding Remarks
PART IV CONSTRUCTION AND LEGAL OPERATION OF CONTRACT-CONDITIONS OF LEGAL DUTY 24|265
CHAPTER 30 DEFINITIONS AND TERMINOLOGY-CONDITIONS CLASSIFIED 18
§ 30.Syn Synopsis to Chapter 30: definitions and terminology-conditions classified
§ 30.1 The Legal Operation of Contract
§ 30.2 The Life History of a Contract-A Series of Facts and Events
§ 30.3 Description of a Legal Relation
§ 30.4 Right to Future Performance Compared With Right to Immediate Performance
§ 30.5 Conditional Rights and Duties
§ 30.6 Condition Defined
§ 30.7 Conditions: ''Precedent and Subsequent?''
§ 30.8 ''Concurrent'' or Simultaneous Promissory Conditions
§ 30.9 Contractual Duty Not Discharged Merely Because It Is Not Yet Enforceable
§ 30.10 Express Conditions and Implied Conditions
§ 30.11 Constructive Conditions
§ 30.12 Promise and Condition Distinguished
§ 30.13 Can a Condition Be ''Broken?''
§ 30.14 Presumption That Words Are Promissory Rather Than That They Create a Condition of Duty
§ 30.15 Promises to Pay Money Out of Funds Yet to Be Acquired
§ 30.16 ''Dependent'' and ''Independent'' Promises: Terminology Without Function
§ 30.17 Other Classifications of Conditions
Supp. To CHAPTER 30 DEFINITIONS AND TERMINOLOGY-CONDITIONS CLASSIFIED 10
Supp. to § 30.5 Conditional Rights and Duties
Supp. to § 30.6 Condition Defined
Supp. to § 30.7 Conditions: ''Precedent and Subsequent?''
Supp. to § 30.8 ''Concurrent'' or Simultaneous Promissory Conditions
Supp. to § 30.10 Express Conditions and Implied Conditions
Supp. to § 30.11 ''Concurrent'' or Simultaneous Promissory Conditions
Supp. to § 30.12 Promise and Condition Distinguished
Supp. to § 30.13 Can a Condition Be ''Broken?''
Supp. to § 30.14 Presumption That Words Are Promissory Rather Than That They Create a Condition of Duty
Supp. to § 30.15 Promises to Pay Money Out of Funds Yet to Be Acquired
CHAPTER 31 EXPRESS CONDITIONS-AND PROMISES 15