§ 31.Syn Synopsis to Chapter 31: express conditions-and promises

§ 31.1 Forms of Expression That Will Make a Duty Conditional

§ 31.2 Plaintiff's Performance Is a Condition When Defendant's Performance Is Impossible Without It

§ 31.3 Promise to Perform When Able, or Out of Earnings

§ 31.4 Express Provisions as to Strikes, Fires, and Causes Beyond Promisor's Control

§ 31.5 Promises to Render Performance ''on Demand''

§ 31.6 Promises Conditional on Personal Satisfaction

§ 31.7 Promise of Satisfaction Compared With Condition of Satisfaction

§ 31.8 Performances Involving Artistic Taste and Personal Fancy Compared With Those Measurable by Objective Tests

§ 31.9 Personal Dissatisfaction as a Condition of a Power to Terminate

§ 31.10 Judicial Disregard of Express Words of Condition

§ 31.11 Appraisal, Approval, or Certification by a Third Person as an Express Condition of Duty

§ 31.12 Certificate of Architect or Engineer as a Condition

§ 31.13 Fraudulent or Unreasonable Refusal of Certificate

§ 31.14 Provisions Making the Architect or Engineer's Determination Conclusive

Supp. To CHAPTER 31 EXPRESS CONDITIONS-AND PROMISES 5

Supp. to § 31.1 Forms of Expression That Will Make a Duty Conditional

Supp. to § 31.3 Promise to Perform When Able, or Out of Earnings

Supp. to § 31.6 Promises Conditional on Personal Satisfaction

Supp. to § 31.8 Performances Involving Artistic Taste and Personal Fancy Compared With Those Measurable by Objective Tests

Supp. to § 31.14 Provisions Making the Architect or Engineer's Determination Conclusive

CHAPTER 32 CONSTRUCTIVE CONDITIONS-FAILURE TO PERFORM THE AGREED EXCHANGE 10

§ 32.Syn Synopsis to Chapter 32: constructive conditions-failure to perform the agreed exchange

§ 32.1 Constructive Conditions Distinguished from Implied Conditions

§ 32.2 History of Implied and Constructive Conditions

§ 32.3 Nonperformance of a Condition as an ''Equitable Defense''

§ 32.4 Promise-for-Promise Contracts for Simultaneous Performances

§ 32.5 Conditional Promises When One Party Performs Before the Other

§ 32.6 Historically, Failure to Perform a Condition Was Also Deemed a ''Failure of Consideration''

§ 32.7 Partial Failure of Performance in Relation to a Condition

§ 32.8 Analysis of Another Illustrative Case: Ellen v. Topp

§ 32.9 Commercial Paper-Express and Constructive Conditions of Promisor's Duty

Supp. To CHAPTER 32 CONSTRUCTIVE CONDITIONS-FAILURE TO PERFORM THE AGREED EXCHANGE 4

Supp. to § 32.1 Constructive Conditions Distinguished from Implied Conditions

Supp. to § 32.2A Every Contractual Relationship Imposes an Obligation of Good Faith on the Party Undertaking It

Supp. to § 32.2B When Good Faith Is a Question of Law, When of Fact

Supp. to § 32.5 Conditional Promises When One Party Performs Before the Other

CHAPTER 33 CONSTRUCTIVE CONDITIONS IN SALE OF GOODS 12

§ 33.Syn Synopsis to Chapter 33: constructive conditions in sale of goods

§ 33.1 Constructive Conditions in Contracts for the Sale of Goods

§ 33.2 The Perfect Tender Rule and Qualifying Concepts

§ 33.3 Contracts for the Sale of Goods and Constructive Conditions

§ 33.4 Good Faith as a General Restraint on Perfect Tender

§ 33.5 Cure in UCC § 2-508

§ 33.6 Rejection and Acceptance of Goods Under UCC §§ 2-602 and 2-606

§ 33.7 Revocation of Acceptance Under UCC § 2-608

§ 33.8 Cure and Material Breach Under the Restatement

§ 33.9 Recent English Approaches to the Perfect Tender Problem

§ 33.10 The Emerging Consensus

§ 33.11 Current International Provisions for Contracts Between Merchants

Supp. To CHAPTER 33 CONSTRUCTIVE CONDITIONS IN SALE OF GOODS 4

Supp. to § 33.4 Good Faith as a General Restraint on Perfect Tender

Supp. to § 33.6 Rejection and Acceptance of Goods Under UCC §§ 2-602 and 2-606

Supp. to § 33.8 Cure and Material Breach Under the Restatement

Supp. to § 33.11 Current International Provisions for Contracts Between Merchants

CHAPTER 33A CONSTRUCTIVE CONDITIONS IN SALE OF LAND 14

§ 33A.syn Synopsis to Chapter 33A: CONSTRUCTIVE CONDITIONS IN SALE OF LAND

§ 33A.1 Contracts for the Sale of Land-Pordage v. Cole

§ 33A.2 Contracts for Sale of Land-Simultaneous Exchange of Performance

§ 33A.3 Contracts for Sale of Land-Price Payable in Installments

§ 33A.4 Failure by Vendor to Perform Collateral Promises

§ 33A.5 Sales of Land-Action for Price Without Actual Conveyance

§ 33A.6 Parties Can and Should Provide in Express Terms as to Risk of Destruction

§ 33A.7 Destruction of Land or Buildings-Risk of Loss as between Vendor and Purchaser: The Judicial Doctrine of ...

§ 33A.8 Application of Insurance Money Received by the Vendor

§ 33A.9 Risk of Destruction on Vendor-Minority View: Massachusetts

§ 33A.10 View That Risk of Destruction Should Be on the One in Possession and Control

§ 33A.11 Risk of Taking by Power of Eminent Domain and Zoning Law

§ 33A.12 Relation of Doctrine of Impossibility to the Risk of Destruction Rules

§ 33A.13 Conditions with Respect to Leasing Contracts

Supp. To CHAPTER 33A CONSTRUCTIVE CONDITIONS IN SALE OF LAND 3

Supp. to § 33A.2 Contracts for Sale of Land-Simultaneous Exchange of Performance

Supp. to § 33A.7 Destruction of Land or Buildings-Risk of Loss as between Vendor and Purchaser: The Judicial Doctrine ...

Supp. to § 33A.13 Conditions With Respect to Leasing Contracts

CHAPTER 34 CONSTRUCTIVE CONDITIONS IN SERVICE CONTRACTS, CHARTER PARTIES, AND LEASES 13

§ 34.syn Synopsis to Chapter 34: CONSTRUCTIVE CONDITIONS IN SERVICE CONTRACTS, CHARTER PARTIES, AND LEASES

§ 34.1 Law of Employment Now Subject to Rapid Changes

§ 34.2 Constructive Conditions in Service Contracts-Substantial Performance

§ 34.3 Performance of Service Comes Before Payment of Wages

§ 34.4 Effect of Absence From Service, at the Beginning or Later

§ 34.5 Absence May Justify Discharge Even Though It Is Not a Breach of Legal Duty

§ 34.6 Willful Disobedience and Disloyalty

§ 34.7 Fraud or Dishonesty in Relation to Employer

§ 34.8 Fraudulent or Immoral Conduct Not Directly Connected With Service to Employer

§ 34.9 Promises of Employer and Employee May Be Implied as Well as Express

§ 34.10 The Employer May Promise Work as Well as Wages

§ 34.11 Interpretation of Service Contracts-Term of Service

§ 34.12 Charter Party Contracts-Application of the Rules as to Conditions

Supp. To CHAPTER 34 CONSTRUCTIVE CONDITIONS IN SERVICE CONTRACTS, CHARTER PARTIES, AND LEASES 3

Supp. to § 34.9 Promises of Employer and Employee May Be Implied as Well as Express

Supp. to § 34.10 The Employer May Promise Work as Well as Wages

Supp. to § 34.11 Interpretation of Service Contracts-Term of Service

CHAPTER 35 CONDITIONS IN INSTALLMENT CONTRACT-DIVISIBILITY 14

§ 35.syn Synopsis to Chapter 35: CONDITIONS IN INSTALLMENT CONTRACT-DIVISIBILITY

§ 35.1 Installment Contracts-Effect of a Nonpayment

§ 35.2 When Is an Installment Contract ''Divisible?''

§ 35.3 Nonpayment of an Installment of the Price of Land

§ 35.4 Nonpayment of an Installment of the Price of Goods

§ 35.5 Nondelivery or Defective Delivery of an Installment of Goods

§ 35.6 Nonpayment of an Installment on a Construction or Service Contract

§ 35.7 Remedies Available to Building Contractor in Case of Nonpayment of an Installment

§ 35.8 ''Entire'' and ''Divisible'' as Terms of Confusion

§ 35.9 Questions lndicating Various Forms of ''Divisibility''

§ 35.10 One Contract Compared with Two Separate Contracts

§ 35.11 The Apportionment of Installment Performances into Pairs of Equivalents

§ 35.12 Divisibility as a Basis for Maintaining Several Actions

§ 35.13 Defective Installments of Goods

Supp. To CHAPTER 35 CONDITIONS IN INSTALLMENT CONTRACT-DIVISIBILITY 7

Supp. to § 35.1 Installment Contracts-Effect of a Nonpayment

Supp. to § 35.2 When Is an Installment Contract ''Divisible?''

Supp. to § 35.4 Nonpayment of an Installment of the Price of Goods

Supp. to § 35.5 Nondelivery or Defective Delivery of an Installment of Goods

Supp. to § 35.8 ''Entire'' and ''Divisible'' as Terms of Confusion

Supp. to § 35.9 Questions Indicating Various Forms of ''Divisibility''

Supp. to § 35.13 Scope

CHAPTER 36 SUBSTANTIAL PERFORMANCE, ITS CHARACTER AND EFFECT 12