Preliminary definitions
Offers : creation and duration of powers of acceptance
Acceptance and rejection of offer
Indefiniteness and mistake in expression
Consideration
Consideration-mutuality of obligation-requirement, and output contracts-effect of option
Consideration : effect of pre-existing duty
Reliance on a promise as a ground for enforcement : the doctrine of promissory estoppel
Past consideration and moral obligation
Contracts under seal, recognizances, negotiable instruments, letters of credit
Option contracts and rights of first refusal
History and legal operation of the statute of frauds
Statute of frauds-oral variation or rescission-contracts partly within
Manner of raising defenses-restitution and reformation
Statute of frauds-debts of another-suretyship, and guaranty
Debts of another-leading object rule-indemnity contracts
Statute of frauds-interests in land
Interests in land-effect of part performance of oral contract
Statute of frauds-contracts not performable within one year
Statute of frauds : contracts in consideration of marriage
Statute of frauds-contracts for the sale of goods
Substance of the memorandum-nature and contents
Formal requirements-writing-record-signature-oral evidence
Interpretation of contracts
Interpretation-the implication process
The parol evidence rule
Capacity of parties
Avoidance or reformation for misconduct or mistake
Unconscionability and the duty to read
Conditions of legal duty
Express conditions and promises
Constructive conditions
Constructive conditions in contracts for the sale of goods
Constructive conditions in service contracts
Condition in installment contracts
Character and effect of substantial performance
Condition of performance on time-condition of notice
Aleatory contracts
Condition subsequent- analysis-pleading and burden of proof
Elimination of conditions by waiver or prevention
Third party beneficiaries-preliminary analysis
Third party beneficiary history
Third party beneficiary statutes
Intent to benefit-restatements-interpretation
Beneficiaries of specific types of contracts
Remedies, powers and defenses, beneficiary, promisee, promisor
Assignments-preliminary analysis-history-terminology
Gift assignments
Assignability and delegability-freedom, and limitations
Conditional and future rights-after acquired property
Legal effects of assignment-defenses and priorities
Joint and several contracts
Varieties of breaches of contracts-total and partial breaches
Breach of contract by anticipatory repudiation
Purpose and extent of damages-causation, compensation, value
Forseeability-anticipated profits-degrees of uncertainty
Alternative measures-expenditures-avoidable consequences-interest-anticipatory repudiation
Liquidated damages and penalties
Damages for mental suffering-punitive damages-lending money-alternative contracts-contracts for the benefit of a third person
Damages : building and employment contracts; sale of land and sale of goods; contracts under the UCC
General requirements for obtaining restitution
Restitution in favor of a plaintiff in default
Adequacy of remedies other than specific performance
Reasons for denying specific enforcement
Mutuality of remedy-negative contracts-liquidated damages
Election of remedies
Discharge of contract : performance, tender, rescission, release, gift, surrender, cancellation, contract not to sue
Discharge by nonperformance of condition-breach-failure of consideration-prevention-power reserved-condition subsequent
Legal operation of an executory accord
Accord and satisfaction
Substituted contract and novation
Account stated
Specialties-alteration-judgment-award-claim preclusion
Impossibility of performance-personal inability
Death or destruction of specific things-prorating supply
Legal prohibition-government prohibition and exigencies of war
Discharge by frustration of purpose
Impossibility of performance of a condition; remedy of restitution
Contracts contrary to public policy
Contracts in restraint of competition
Contracts involving familial relationships
Sunday contracts
Bargains harmful to the administration of justice
Bargains harmful to public or performance of fiduciary duty
Bargains to defraud or otherwise injure third persons
Wagering bargains
Usury bargains
Miscellaneous bargains contrary to public policy
Effects of being contrary to public policy-availability of restitution.