§ 14.Syn Synopsis to Chapter 14: statute of frauds-manner of raising defense; remedies of restitution and reformation

§ 14.1 Asserting the Statutory Defense: Pleading the Statute and Waiver by Failure to Plead

§ 14.2 The ''Judicial Admissions'' Exception; Procedural Implications 3|5|9

§ 14.3 The Remedy of Restitution is Available Against a Repudiating Defendant

§ 14.4 Default in a Form Other Than Repudiation

§ 14.5 Right to Specific Restitution Against a Defendant in Default

§ 14.6 Does the Contract Breaker Have Power to Avoid Restitution in Money by Making Specific Restitution?

§ 14.7 Restitutionary Remedy in Case of Repudiation of a Contract for the Sale of Land

§ 14.8 Contracts Other Than Land Contracts 2|5

§ 14.9 Measure of Recovery-No Right of Restitution Against a Defendant who has Received Nothing 3

§ 14.10 Use of the Oral Contract to Prove Reasonable Value

§ 14.11 Statute of Limitations

§ 14.12 Form of Pleading, Common Law and Equity

§ 14.13 Restitution in Favor of a Plaintiff who has Fully Performed

§ 14.14 Restitution in Favor of a Plaintiff in Default

§ 14.15 Refusal of a Recovery Operates as a Penalty

§ 14.16 Modern Trend to Allow a Noncontractual Recovery by a Plaintiff in Default

§ 14.17 Equitable Remedies-Reformation of Documents in the Case of Contracts Within the Statute

§ 14.18 Mistake as Ground for Reformation and Specific Performance

§ 14.19 Reformation of Deeds and Other Documents of Title

§ 14.20 Reformation and Specific Performance of Executory Contracts

§ 14.21 Mistake as Ground for Cancellation or Rescission and as a Defense

§ 14.22 Reformation Granted for Mistake, but Not to Remedy Incompleteness or Fill Intentional Gaps

§ 14.23 Part Performance and Fraud or Mistake as Independent Grounds for Such Equitable Relief

§ 14.24 ''Executed'' Contracts, ''Integrated'' Contracts, and ''Jural Acts''

§ 14.25 Reformation of Executory Contracts of Suretyship

§ 14.26 Reformation and Enforcement in the Same Proceeding

§ 14.27 Evidence Necessary to Prove Mistake as a Basis for Such Equitable Reformation

Supp. To CHAPTER 14 STATUTE OF FRAUDS-MANNER OF RAISING DEFENSE: REMEDIES OF RESTITUTION AND REFORMATION 4

Supp. to § 14.1 Asserting the Statutory Defense: Pleading the Statute and Waiver by Failure to Plead

Supp. to § 14.2 The ''Judicial Admissions'' Exception-Procedural Implications

Supp. to § 14.9 Measure of Recovery-No Right of Restitution Against a Defendant Who Has Received Nothing

Supp. to § 14.22 Reformation Granted for Mistake, but Not to Remedy Incompleteness or Fill Intentional Gaps

CHAPTER 15 STATUTE OF FRAUDS-DEBTS OF ANOTHER-SURETYSHIP AND GUARANTY 21

§ 15.Syn Synopsis to Chapter 15: statute of frauds-debts of another-suretyship and guaranty

§ 15.1 Promises of an Executor or Administrator

§ 15.2 Promises of Guaranty and Suretyship-''Special Promise''-''Debt, Default, or Miscarriages''

§ 15.3 Collateral or Original

§ 15.4 Obligation of Another Person, Present or Future

§ 15.5 Future Obligations

§ 15.6 Consideration Necessary for All Promises-Antecedent and Subsequent Debts Distinguished

§ 15.7 Goods Sold or Service Rendered on Credit

§ 15.8 Various Meanings of ''Sole Credit''-Ease of Avoiding the Statutory Defense

§ 15.9 Promises to Pay for Service Rendered to a Third Person

§ 15.10 ''Title'' Does Not Determine Who Is Principal Debtor

§ 15.11 Principal Debtor's Obligation Voidable or Unenforceable

§ 15.12 Promise Must Be to the Creditor or Obligee

§ 15.13 Form of the Promise

§ 15.14 A Surety's Duty Is Always Conditional, Though the Promise May Not Be So Worded

§ 15.15 Formal Contracts Are Not Within the Statute

§ 15.16 Joint Obligations

§ 15.17 Suretyship Relation Not Known to the Promisee

§ 15.18 Promises to Pay Out of Funds of the Principal Debtor

§ 15.19 Promised Performance Must Operate to Discharge the Debtor

§ 15.20 Novations Not Within the Statute

Supp. To CHAPTER 15 STATUTE OF FRAUDS-DEBTS OF ANOTHER-SURETYSHIP AND GUARANTY 4

Supp. to § 15.3 Collateral or Original

Supp. to § 15.12 Promise Must Be to the Creditor or Obligee

Supp. to § 15.13 Form of the Promise

Supp. to § 15.20 Novations Not Within the Statute

CHAPTER 16 DEBTS OF ANOTHER-LEADING OBJECT RULE-INDEMNITY CONTRACTS 26|32

§ 16.syn Synopsis to Chapter 16: DEBTS OF ANOTHER-LEADING OBJECT RULE-INDEMNITY CONTRACTS

§ 16.1 ''Leading Object'' or ''Main Purpose'' Rule-Policy Served by the Suretyship Statute and Benefit to the Promisor

§ 16.2 ''Leading Object'' and ''Consideration''; Divisibility 2

§ 16.3 Illustrations of Beneficial Consideration Constituting the ''Leading Object''-Protection of Property Interest

§ 16.4 Promises to Pay Debts Due Subcontractors

§ 16.5 Further Illustrations of ''Leading Object''

§ 16.6 Promises of Commercial Surety Companies

§ 16.7 Benefit to the Promisor May Be Too Remote or Too Slight-Promise by Shareholder to Pay Debt of Corporation

§ 16.8 Consideration Beneficial to Third Person Only

§ 16.9 The Benefit Need Not Come From the Promisee

§ 16.10 Consideration From a Fourth Person Neither the Creditor Nor the Debtor

§ 16.11 Ignorance of Third Person that the Promise is Being Made

§ 16.12 Discussion of Principles Underlying the ''Leading Object'' Rule

§ 16.13 Existence of a Remedy Over is Not a Sure Test

§ 16.14 Serjeant Williams's Rule: P's Continued Liability

§ 16.15 The Common Law Forms of Action as a Test of Suretyship

§ 16.16 Contracts of Indemnity

§ 16.17 Oral Contract to Indemnify a Surety 4

§ 16.18 Insurance Promises Are Not Within the Statute

§ 16.19 Del Credere Agency

§ 16.20 Guaranty by an Assignor of a Debt

§ 16.21 Guaranty by One Already Otherwise Bound

§ 16.22 Suretyship Distinguished from Purchase

§ 16.23 A Debtor's Promise is Not Brought Within the Statute by Means of a Subsequent Contract

§ 16.24 Property Transferred to Secure the Debt of Another

§ 16.25 General Summary of Rules for Applying the Guaranty Clause

Supp. To CHAPTER 16 DEBTS OF ANOTHER-LEADING OBJECT RULE-INDEMNITY CONTRACTS 4

Supp. to § 16.1 ''Leading Object'' or ''Main Purpose'' Rule-Policy Served by the Suretyship Statute and Benefit of ...

Supp. to § 16.2 ''Leading Object'' and ''Consideration''; Divisibility

Supp. to § 16.7 Benefit to the Promisor May Be Too Remote or Too Slight-Promise by Shareholder to Pay Debt of Corporation

Supp. to § 16.16 Contracts of Indemnity

CHAPTER 17 STATUTE OF FRAUDS-INTERESTS IN LAND 21|27|31