- •§ 1.Syn Synopsis to Chapter 1: preliminary definitions 4
- •§ 2.17 Effect of Delay in the Delivery of an Offer 268
- •§ 2.17 Effect of Delay in the Delivery of an Offer 268 § 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises
- •§ 1.2 Legal Obligation Defined
- •§ 1.3 N1 Definition of the Term ''Contract''
- •§ 1.4 Contracts of Adhesion
- •§ 1.5 Formal and Informal Contracts
- •§ 1.6 Voidable Contracts
- •§ 1.7 Void Contracts
- •§ 1.8 Unenforceable Contracts
- •§ 1.9 Agreement Defined
- •§ 1.10 ''Bargain'' as a Contractual Expression
- •§ 1.11 Offer Defined
- •§ 1.12 Simultaneous Expressions of Assent: Contracts Without Offer and Acceptance
- •§ 1.13 What Is a Promise?
- •§ 1.14 Promise and Warranty
- •§ 1.15 Expressions of Intention, Hope, Desire, or Opinion
- •§ 1.16 Letters of Intent
- •§ 1.17 Illusory Promises
- •§ 1.18 N1 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit
- •[A] Implied Assumpsit
- •[B] Indebitatus or General Assumpsit
- •[C] Special Assumpsit
- •§ 1.19 Express and Implied Contracts
- •§ 1.20 Contract and Quasi Contract Distinguished
- •[A] Quasi Contract as a Source of Primary Rights
- •[B] Quasi Contract as a Remedial Device for Unwinding Failed Agreements
- •§ 1.21 General Contract Law, The Uniform Commercial Code, and the United Nations Convention on Contracts for the International Sale of Goods. [a] General contract law and the Restatements
- •[B] The Uniform Commercial Code.
- •[C] The United Nations Convention
- •§ 1.22 The Uniform Commercial Code as a Source of Common Law
- •§ 1.23 Unilateral Contracts Distinguished From Bilateral
- •Supp. To § 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises
- •Supp. To § 1.2 Legal Obligation Defined
- •Supp. To § 1.3 Definition of the Term ''Contract''
- •Supp. To § 1.4 Contracts of Adhesion
- •Supp. To § 1.6 Voidable Contracts
- •Supp. To § 1.7 Void Contracts
- •Supp. To § 1.9 Agreement Defined
- •Supp. To § 1.11 Offer Defined
- •Supp. To § 1.13 What Is a Promise?
- •Supp. To § 1.14 Promise and Warranty
- •Supp. To § 1.15 Expressions of Intention, Hope, Desire, or Opinion
- •Supp. To § 1.16 Letters of Intent
- •Supp. To § 1.17 Illusory Promises
- •Supp. To § 1.18 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit
- •Supp. To § 1.19 Express and Implied Contracts
- •Supp. To § 1.20 Contract and Quasi Contract Distinguished
- •Supp. To § 1.22 The Uniform Commercial Code as a Source of Common Law
- •Supp. To § 1.23 Unilateral Contracts Distinguished From Bilateral
- •Part I formation of contracts topic a offer and acceptance chapter 2 offers; creation and duration of power of acceptance
- •§ 2.1 Preliminary Negotiation
- •§ 2.2 Preliminary Communications Compared to Offers-Interpretation
- •§ 2.3 Request for an Offer Is Not an Offer-Auctions and Solicited Offers
- •§ 2.4 N1 Offer by Publication or Advertisement
- •§ 2.5 Quotation of Prices; Estimates
- •§ 2.6 Authority or Instructions to an Agent
- •§ 2.7 N1 Offers at the Supermarket or Self-Service Shop
- •§ 2.8 Partial Agreements-Agreements to Agree and Agreements to Negotiate
- •§ 2.9 Formal Document Contemplated by the Parties
- •§ 2.10 What Constitutes a Written Contract-There May Be a Series of Communications
- •§ 2.11 Delivery of a Document as the Final Expression of Assent
- •§ 2.12 Printed Terms on Billheads, Letterheads, Receipts, Baggage Checks, etc.
- •§ 2.13 Intention to Affect Legal Relations-Social Engagements, Gentlemen's Agreements, Jests and Sham Agreements
- •§ 2.14 Duration of Power of Acceptance Created by an Offer
- •§ 2.15 Missed Deadlines in Option Contracts
- •§ 2.16 Reasonable Time for Acceptance
- •§ 2.17 Effect of Delay in the Delivery of an Offer
- •37 Of 174 documents
- •§ 2.18 Offers Are Usually Revocable
- •38 Of 174 documents
- •§ 2.19 Notice of Revocation Necessary
- •39 Of 174 documents
- •§ 2.20 Revocation Otherwise Than by Direct Notice
- •40 Of 174 documents
- •§ 2.21 Revocation of General Offer by Publication
- •41 Of 174 documents
- •§ 2.22 Irrevocable Offers-Meaning of ''Irrevocable''
- •42 Of 174 documents
- •§ 2.23 Options Created by a Conditional Contract or Covenant
- •43 Of 174 documents
- •§ 2.24 Contract to Keep an Offer Open
- •44 Of 174 documents
- •§ 2.25 Effect of the Rule Against Enhancement of Damages
- •45 Of 174 documents
- •§ 2.26 Offers Made Irrevocable by Statute and Public Policy
- •46 Of 174 documents
- •§ 2.27 Deposits to Be Forfeited in Case of Revocation
- •47 Of 174 documents
- •§ 2.28 Irrevocable Offers Under Seal
- •48 Of 174 documents
- •§ 2.29 Revocation After Part Performance or Tender by the Offeree
- •49 Of 174 documents
- •§ 2.30 Real Estate Brokerage and Other Agency Cases
- •50 Of 174 documents
- •§ 2.31 N1 Effect of Action in Reliance That Is Not Part Performance
- •51 Of 174 documents
- •§ 2.32 N1 Part Performance and the Indifferent Offer
- •52 Of 174 documents
- •§ 2.33 When a Standing Offer of a Series of Separate Contracts Is Irrevocable
- •53 Of 174 documents
- •§ 2.34 Effect of Death or Insanity on Power of Acceptance
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- •§ 3.2 In a Bargaining Transaction, Only the Offeree Has Power to Accept
- •81 Of 174 documents
- •§ 3.3 Assignment of Power by an Option Holder-Irrevocable Offers
- •82 Of 174 documents
- •§ 3.4 Motive With Which Offeree Renders Performance
- •83 Of 174 documents
- •§ 3.5 Knowledge of Offer as a Pre-requisite to Acceptance
- •84 Of 174 documents
- •§ 3.6 Knowledge of the Offer After Part Performance Already Rendered
- •Illustration 1
- •85 Of 174 documents
- •§ 3.7 Acceptance ''Subject to Approval'' by a Third Party
- •86 Of 174 documents
- •§ 3.8 Acceptance by Overt Act
- •87 Of 174 documents
- •§ 3.9 Unilateral Contract-Acceptance by Beginning Requested Performance
- •88 Of 174 documents
- •§ 3.10 Acceptance of a Published Offer of a Reward for Action or Contest Prize
- •89 Of 174 documents
- •§ 3.11 When the Words ''I Accept Your Offer'' Would Be Ineffective
- •90 Of 174 documents
- •§ 3.12 Acceptance by Forbearance From Action
- •91 Of 174 documents
- •§ 3.13 When Notice of Acceptance Is Necessary
- •92 Of 174 documents
- •§ 3.14 Notice as a Requisite of Guaranty and Letters of Credit
- •93 Of 174 documents
- •§ 3.15 Notice as a Condition Distinguished From Notice as an Acceptance
- •94 Of 174 documents
- •§ 3.16 Offer of a Promise, Requesting Non-promissory Action in Return
- •95 Of 174 documents
- •§ 3.17 Offer of an ''Act'' for a Promise
- •96 Of 174 documents
- •§ 3.18 Silence as a Mode of Acceptance
- •97 Of 174 documents
- •§ 3.19 Can Offeror Make Silence Operate as Acceptance?
- •98 Of 174 documents
- •§ 3.20 Belated or Conditional Acceptance Followed by Offeror's Silence
- •99 Of 174 documents
- •§ 3.21 Silence Plus Additional Circumstances
- •100 Of 174 documents
- •§ 3.22 Multiple Acceptances
- •101 Of 174 documents
- •§ 3.23 Alternative Modes of Acceptance
- •102 Of 174 documents
- •§ 3.24 Acceptance by Post
- •103 Of 174 documents
- •§ 3.25 Acceptance by Telephone or Other Electronic Means
- •104 Of 174 documents
- •§ 3.26 Withdrawal of a Letter of Acceptance From the Mails
- •105 Of 174 documents
- •§ 3.27 Acceptance by Telegraph-When Operative
- •106 Of 174 documents
- •§ 3.28 Acceptance Must Manifest Assent and Be Unconditional
- •107 Of 174 documents
- •§ 3.29 An Acceptance May Be Unconditional Even Though the Acceptor Makes a Conditional Promise
- •108 Of 174 documents
- •§ 3.30 Acceptance Not Conditional, Even Though Grumbling or Accompanied by a Request or by a New Offer
- •109 Of 174 documents
- •§ 3.31 Subsequent Erroneous Interpretation Does Not Make an Acceptance Conditional
- •110 Of 174 documents
- •§ 3.32 Attempts by the Offeree to Restate in the Acceptance the Terms of the Offer
- •111 Of 174 documents
- •§ 3.33 Attempts by the Offeree to State in the Acceptance the Legal Operation of the Agreement
- •112 Of 174 documents
- •§ 3.34 Mode of Acceptance Can Be Prescribed by the Offeror
- •113 Of 174 documents
- •§ 3.35 Counter-Offers and Their Effect
- •114 Of 174 documents
- •§ 3.36 Power to Accept an Offer Is Terminated by a Counter-Offer or Conditional Acceptance
- •115 Of 174 documents
- •§ 3.37 Conditional Acceptances and Counter-Offers Under the Uniform Commercial Code and the United Nations Convention
- •116 Of 174 documents
- •§ 3.38 A Counter-Offer or Rejection by One Who Has a ''Binding Option'' or an Irrevocable Offer Does Not Terminate the Power of Acceptance
- •117 Of 174 documents
- •§ 3.39 Power of Acceptance Not Terminated by a Counter-Offer if Either Offeror or Offeree So Prescribes
- •118 Of 174 documents
- •§ 3.40 Inquiries and Separate Offers Distinguished From Counter-Offers
- •119 Of 174 documents
- •§ 3.41 Effect of Rejection of an Offer
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- •§ 4.2 Time of Performance Indefinite-Promises of ''Permanent'' Employment-At Will Employment
- •152 Of 174 documents
- •§ 4.3 Indefiniteness of Price or Terms of Payment-Money as a Commodity
- •153 Of 174 documents
- •§ 4.4 Agreed Methods of Determining the Price or Amount
- •154 Of 174 documents
- •§ 4.5 N1 Reasonable Price-Quasi-Contractual Remedy After Performance
- •155 Of 174 documents
- •§ 4.6 Uncertainty of Subject Matter to Be Exchanged for Price; Requirements and Output Contracts
- •156 Of 174 documents
- •§ 4.7 Effect of Subsequent Verbal Clarification or Action by the Parties
- •157 Of 174 documents
- •§ 4.8 Subsequent Action May Create a Quasi Contract
- •158 Of 174 documents
- •§ 4.9 Mistake-Difficulty and Complexity of the Subject
- •159 Of 174 documents
- •§ 4.10 Mistake as to the Words Used, or as to the Meaning Given to Words and Expressions
- •160 Of 174 documents
- •§ 4.11 Mistake in Transmission of Messages
- •161 Of 174 documents
- •§ 4.12 Objective and Subjective Theories
- •162 Of 174 documents
- •§ 4.13 Mutual Assent-''Meeting of the Minds''
- •163 Of 174 documents
- •§ 4.14 Auction Sales-Offers to Sell and to Buy
- •164 Of 174 documents
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Corbin on Contracts
Copyright 2007, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
PART I FORMATION OF CONTRACTS 4
CHAPTER 1 PRELIMINARY DEFINITIONS 4
§ 1.Syn Synopsis to Chapter 1: preliminary definitions 4
§ 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises 6
§ 1.2 Legal Obligation Defined 9
§ 1.3 n1 Definition of the Term ''Contract'' 10
§ 1.4 Contracts of Adhesion 15
§ 1.5 Formal and Informal Contracts 17
§ 1.6 Voidable Contracts 19
§ 1.7 Void Contracts 22
§ 1.8 Unenforceable Contracts 24
§ 1.9 Agreement Defined 26
§ 1.10 ''Bargain'' as a Contractual Expression 28
§ 1.11 Offer Defined 29
§ 1.12 Simultaneous Expressions of Assent: Contracts Without Offer and Acceptance 32
§ 1.13 What Is a Promise? 35
§ 1.14 Promise and Warranty 38
§ 1.15 Expressions of Intention, Hope, Desire, or Opinion 40
§ 1.16 Letters of Intent 47
§ 1.17 Illusory Promises 48
§ 1.18 n1 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit 52
[a] Implied Assumpsit 52
[b] Indebitatus or General Assumpsit 53
[c] Special Assumpsit 53
§ 1.19 Express and Implied Contracts 56
§ 1.20 Contract and Quasi Contract Distinguished 63
[a] Quasi Contract as a Source of Primary Rights 64
[b] Quasi Contract as a Remedial Device for Unwinding Failed Agreements 65
§ 1.21 General Contract Law, The Uniform Commercial Code, and the United Nations Convention on Contracts for the International Sale of Goods. 72
[a] General contract law and the Restatements 72
[b] The Uniform Commercial Code. 73
[c] The United Nations Convention 74
§ 1.22 The Uniform Commercial Code as a Source of Common Law 78
§ 1.23 Unilateral Contracts Distinguished From Bilateral 85
Supp. to § 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises 93
Supp. to § 1.2 Legal Obligation Defined 94
Supp. to § 1.3 Definition of the Term ''Contract'' 95
Supp. to § 1.4 Contracts of Adhesion 96
Supp. to § 1.6 Voidable Contracts 98
Supp. to § 1.7 Void Contracts 101
Supp. to § 1.9 Agreement Defined 104
Supp. to § 1.11 Offer Defined 107
Supp. to § 1.13 What Is a Promise? 118
Supp. to § 1.14 Promise and Warranty 121
Supp. to § 1.15 Expressions of Intention, Hope, Desire, or Opinion 122
Supp. to § 1.16 Letters of Intent 125
Supp. to § 1.17 Illusory Promises 128
Supp. to § 1.18 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit 130
Supp. to § 1.19 Express and Implied Contracts 135
Supp. to § 1.20 Contract and Quasi Contract Distinguished 141
Supp. to § 1.22 The Uniform Commercial Code as a Source of Common Law 158
Supp. to § 1.23 Unilateral Contracts Distinguished From Bilateral 159
§ 2.17 Effect of Delay in the Delivery of an Offer 268
PART I FORMATION OF CONTRACTS
CHAPTER 1 PRELIMINARY DEFINITIONS
§ 1.syn Synopsis to Chapter 1: PRELIMINARY DEFINITIONS
PART I FORMATION OF CONTRACTS 4
CHAPTER 1 PRELIMINARY DEFINITIONS 4
§ 1.syn Synopsis to Chapter 1: PRELIMINARY DEFINITIONS 4
§ 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises 6
§ 1.2 Legal Obligation Defined 9
§ 1.3 n1 Definition of the Term ''Contract'' 10
§ 1.4 Contracts of Adhesion 15
§ 1.5 Formal and Informal Contracts 17
§ 1.6 Voidable Contracts 19
§ 1.7 Void Contracts 22
§ 1.8 Unenforceable Contracts 24
§ 1.9 Agreement Defined 26
§ 1.10 ''Bargain'' as a Contractual Expression 28
§ 1.11 Offer Defined 29
§ 1.12 Simultaneous Expressions of Assent: Contracts Without Offer and Acceptance 32
§ 1.13 What Is a Promise? 35
§ 1.14 Promise and Warranty 38
§ 1.15 Expressions of Intention, Hope, Desire, or Opinion 40
§ 1.16 Letters of Intent 47
§ 1.17 Illusory Promises 48
§ 1.18 n1 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit 52
[a] Implied Assumpsit 52
[b] Indebitatus or General Assumpsit 53
[c] Special Assumpsit 53
§ 1.19 Express and Implied Contracts 56
§ 1.20 Contract and Quasi Contract Distinguished 63
[a] Quasi Contract as a Source of Primary Rights 64
[b] Quasi Contract as a Remedial Device for Unwinding Failed Agreements 65
§ 1.21 General Contract Law, The Uniform Commercial Code, and the United Nations Convention on Contracts for the International Sale of Goods. 72
[a] General contract law and the Restatements 72
[b] The Uniform Commercial Code. 73
[c] The United Nations Convention 74
§ 1.22 The Uniform Commercial Code as a Source of Common Law 78
§ 1.23 Unilateral Contracts Distinguished From Bilateral 85
Supp. to § 1.1 The Main Purpose of Contract Law Is the Realization of Reasonable Expectations Induced by Promises 93
Supp. to § 1.2 Legal Obligation Defined 94
Supp. to § 1.3 Definition of the Term ''Contract'' 95
Supp. to § 1.4 Contracts of Adhesion 96
Supp. to § 1.6 Voidable Contracts 98
Supp. to § 1.7 Void Contracts 101
Supp. to § 1.9 Agreement Defined 104
Supp. to § 1.11 Offer Defined 107
Supp. to § 1.13 What Is a Promise? 118
Supp. to § 1.14 Promise and Warranty 121
Supp. to § 1.15 Expressions of Intention, Hope, Desire, or Opinion 122
Supp. to § 1.16 Letters of Intent 125
Supp. to § 1.17 Illusory Promises 128
Supp. to § 1.18 Assumpsit: Implied Assumpsit, Indebitatus or General Assumpsit, Special Assumpsit 130
Supp. to § 1.19 Express and Implied Contracts 135
Supp. to § 1.20 Contract and Quasi Contract Distinguished 141
Supp. to § 1.22 The Uniform Commercial Code as a Source of Common Law 158
Supp. to § 1.23 Unilateral Contracts Distinguished From Bilateral 159