§ 64.Syn Synopsis to Chapter 64: special reasons for refusing specific enforcement

§ 1162 Hardship-The Effect of Facts Subsequent to the Contract

§ 1163 Effect of Changes in the Neighborhood Upon Building Restriction Covenants

§ 1164 Harsh, Oppressive, and Unconscionable Contracts

§ 1165 Inadequacy of Consideration as Ground for Refusing Specific Performance

§ 1166 Contracts Induced by Mistake on the Defendant's Part

§ 1167 Innocent Misrepresentations, Inequitable Conduct, and Delay

§ 1168 Fraudulent Conduct and Unclean Hands

§ 1169 Interests of the Public and of Third Persons to Be Considered

§ 1170 Effect of Impossibility and Illegality

§ 1171 When Decree Is Refused Because of Difficulty of Enforcement

§ 1172 Contracts for Construction Work and for Rendering Public Service

§ 1173 Specific Enforcement of Arbitration Agreements

§ 1174 Definiteness and Certainty of Terms of Agreement

§ 1175 Effect of Breach by Plaintiff-Nonfulfilment of a Condition Precedent

§ 1176 Specific Enforcement in Spite of Minor Breaches by the Plaintiff

§ 1177 When Performance on Time Is ''of the Essence''

Supp. To CHAPTER 64 SPECIAL REASONS FOR REFUSING SPECIFIC ENFORCEMENT 16

Supp. to § 1162 Hardship-The Effect of Facts Subsequent to the Contract

Supp. to § 1163 Effect of Changes in the Neighborhood Upon Building Restriction Covenants

Supp. to § 1164 Harsh, Oppressive, and Unconscionable Contracts

Supp. to § 1165 Inadequacy of Consideration as Ground for Refusing Specific Performance

Supp. to § 1166 Contracts Induced by Mistake on the Defendant's Part

Supp. to § 1167 Innocent Misrepresentations, Inequitable Conduct, and Delay

Supp. to § 1168 Fraudulent Conduct and Unclean Hands

Supp. to § 1169 Interests of the Public and of Third Persons to Be Considered

Supp. to § 1170 Effect of Impossibility and Illegality

Supp. to § 1171 When Decree Is Refused Because of Difficulty of Enforcement

Supp. to § 1172 Contracts for Construction Work and for Rendering Public Service

Supp. to § 1173 Specific Enforcement of Arbitration Agreements

Supp. to § 1174 Definiteness and Certainty of Terms of Agreement

Supp. to § 1175 Effect of Breach by Plaintiff-Nonfulfillment of a Condition Precedent

Supp. to § 1176 Specific Performance in Spite of Minor Breaches by the Plaintiff

Supp. to § 1177 When Performance on Time Is ''of the Essence''

CHAPTER 65 MUTUALITY OF REMEDY-NEGATIVE CONTRACTS-LIQUIDATED DAMAGES 37

§ 65.Syn Synopsis to Chapter 65: mutuality of remedy-negative contracts-liquidated damages

§ 1178 Mutuality of Remedy-Two Rules Distinguished

§ 1179 Supposed Rule That If Specific Performance Is Available to One Party, It Is Available to the Other

§ 1180 Supposed Rule That If Specific Performance Is Not Available to One Party It Will Not Be Granted to the Other

§ 1181 Purposes Underlying the Requirement of Mutuality

§ 1182 Application of the Maxim That Equality Is Equity

§ 1183 Security That the Defendant Will Receive the Agreed Exchange for His Performance

§ 1184 Cases of Insufficient Security-Personal Service to Be Rendered

§ 1185 Mutuality of Remedy at Time of the Decree

§ 1186 Rule Suggested by Dean Ames in Place of the Mutuality Rule

§ 1187 Mutuality of Remedy May Not Afford Sufficient Security

§ 1188 Mutuality Not Necessary in Cases of Enforcement by Injunction

§ 1189 Plaintiff's Part Fully or Partly Performed, Though Not Specifically Enforceable While Executory

§ 1190 Mutuality of Remedy Not Required in Cases Where the Decree Can Properly Be Made Conditional on Performance ...

§ 1191 Specific Enforcement on Condition of a Modification of the Contract

§ 1192 Specific Enforcement in Favor of a Plaintiff Who Would Be Protected by the Statute of Frauds

§ 1193 Enforcement of Cooperative Marketing Association Contracts Without Mutuality

§ 1194 Plaintiff's Promise Subject to a Condition Precedent

§ 1195 Vendor With Imperfect Title Afterwards Perfected Not Refused Specific Enforcement

§ 1196 Remedy Need Not Be Mutual Where Its Unavailability is Due to Party's Own Default

§ 1197 Specific Enforcement of Option Contracts

§ 1198 Mutuality of Remedy as Between One Party and the Trustee in Bankruptcy of the Other

§ 1199 Assignee Not Denied Specific Performance on Ground of Mutuality

§ 1200 Specific Enforcement in Favor of a Third Party Beneficiary

§ 1201 Specific Enforcement Against One Having Power to Terminate

§ 1202 Specific Enforcement in Favor of One Having Power to Terminate

§ 1203 Specific Performance in Favor of an Infant Contractor

§ 1204 Contracts for Rendering Personal Services

§ 1205 Enforcement of Negative Promises by Injunction-Implied Negatives

§ 1206 Injunction May Be an Indirect Mode of Enforcing an Affirmative Promise

§ 1207 Special Considerations Involved in the Enforcement of Negative Promises

§ 1208 The Case of Lumley v. Wagner

§ 1209 Contracts for Exclusive Personal Services-American Cases

§ 1210 Promises in Restraint of Trade and Competition

§ 1211 Restrictive Covenants as to the Use of Land

§ 1212 Effect of Absence of Mutuality of Remedy on the Enforcement of Negative Contracts

§ 1213 Specific Performance in Spite of a Provision for Liquidated Damages

Supp. To CHAPTER 65 MUTUALITY OF REMEDY-NEGATIVE CONTRACTS-LIQUIDATED DAMAGES 22

Supp. to § 1178 Mutuality of Remedy-Two Rules Distinguished

Supp. to § 1179 Supposed Rule That if Specific Performance is Available to One Party it is Available to the Other

Supp. to § 1180 Supposed Rule That if Specific Performance is Not Available to One Party it Will Not Be Granted to ...

Supp. to § 1181 Purposes Underlying the Requirement of Mutuality

Supp. to § 1183 Security That the Defendant Will Receive the Agreed Exchange for His Performance

Supp. to § 1189 Plaintiff's Part Fully or Partly Performed, Though Not Specifically Enforceable While Executory

Supp. to § 1190 Mutuality of Remedy Not Required in Cases Where the Decree Can Properly Be Made Conditional on ...

Supp. to § 1194 Condition Precedent to Plaintiff's Promise

Supp. to § 1196 Remedy Need Not Be Mutual Where Its Unavailability Is Due to Party's Own Default

Supp. to § 1197 Specific Enforcement of Option Contracts

Supp. to § 1198 Mutuality of Remedy as Between One Party and the Trustee in Bankruptcy of the Other

Supp. to § 1201 Specific Performance Against One Having Power to Terminate

Supp. to § 1203 Specific Performance in Favor of an Infant Contractor

Supp. to § 1204 Contracts for Rendering Personal Services

Supp. to § 1205 Enforcement of Negative Promises by Injunction-Implied Negatives

Supp. to § 1206 Injunction May Be an Indirect Mode of Enforcing an Affirmative Promise

Supp. to § 1207 Special Considerations Involved in the Enforcement of Negative Promises

Supp. to § 1208 The Case of Lumley v. Wagner

Supp. to § 1209 Contracts for Exclusive Personal Services-American Cases

Supp. to § 1210 Promises in Restraint of Trade and Competition

Supp. to § 1211 Restrictive Covenants as to the Use of Land

Supp. to § 1213 Specific Performance in Spite of a Provision for Liquidated Damages

TOPIC E ELECTION OF REMEDIES 2|30

CHAPTER 66 ELECTION OF REMEDIES 15