The Law of Contracts, 3권

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Baker, Voorhis & Company, 1920

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Section
2374
Whether anticipatory inability to perform amounts to a breach 1326
2378
Repudiation may be a defence though it does not amount to a breach 1331
2384
Possible distinction between the effect of repudiation before breach and after
2390
When consequential damages are natural and proximate 1355
2392
Recovery for the plaintiffs preparations 1341
2396
Certainty of damage and certainty of amount of damage 1346
2405
Avoidable consequences 1353
2413
The rule of Hadley v Baxendale 1356
2420
Mitigation or enhancement of damages 1359
2426
Employees recovery where trial precedes the expiration of contract 1362
2434
Restriction of New York rule 1367
2440
Conditional sales 1374
2446
Measure of damages for nonacceptance of goods 1378
2452
Buyer is entitled to the difference between the market and contract prices 1383
2458
Delivery of too small a quantity 1387
2465
Restricted rule of damages for fraud 1392
2471
Further illustrations 1394
2475
Damages for anticipatory breach 1397
2481
Delay in performing contract for sale of land 1400
2488
Contract to give a lease 1405
2494
Damages for failure to pay a promisees debt 1408
2500
Interest on a penal bond 1414
2509
Compound interest 1417
2515
Specified and unspecified goods 1419a
2523
Miscellaneous contracts 1421
2529
Equity will not make a decree impossible of performance 1422
2536
Discretionary character of the remedy 1425
2542
Inadequacy of consideration 1428
2548
Rules of mutuality as generally stated 1433
2556
Contracts voidable for fraud or defective title 1435
2557
Unilateral contracts and partly performed bilateral contracts 1439
2563
Terminable contracts 1442
2569
Wagner 1447
2576
Mutuality in negative contracts 1451
2584
Restitution of land conveyed 1456
2590
Anything received by plaintiff must be returned 1460
2599
The buyer must put the seller in statu quo 1463
2605
Repudiation without breach sufficient 1466
2611
Manifestation of election 1469
2617
Minor inconsistencies 1471
2619
Recovery for labor and materials by party in default 1475
2626
Measure of recovery in action for restitution 1478
2632
How benefit to the defendant is to be calculated 1483
2639
BOOK VII
2645
Matters of opinion 1491
2651
Liability for fraudulent statements of opinion 1494
2657
Silence as to quality of goods sold may be fraudulent 1498
2665
Early history of deceit 1502
2671
Illustrations 1506
2677
Estoppel in pais 1508
2679
Limitation of liability for honest misrepresentation 1511
2686
Action in reliance on false impression 1515
2692
Misrepresentations by third persons 1518
2700
Fraud on a buyer 1522
2708
Time allowed for election of remedies 1526
2714
Exceptions to the rule 1530
2720
Fraud as to creditors 1534
2727
Reformation can only make a writing express what parties intended should
2728
Mistake must be injurious 1593
2729
Confusion between void and voidable transactions 1538
2734
Mistake to justify rescission must relate to a fundamental assumption 1544
2741
be written 1549
2748
Executory contracts in England 1553
2755
Mistake as to the person contracted with 1558
2762
Inferior quality of the goods 1563
2768
Mistake as to the existence of ore 1567
2774
Mistake as to area of land 1571
2780
Recovery of money paid under a mistake of fact 1574
2786
Relief sometimes allowed for unilateral mista other cases 1578
2795
Mistake of law in the Civil law 1583
2801
Mistake as to legal consequences 1587
2807
Mistake of law induced by the other party 1591
2813
Prompt election and restoration of the status quo 1594
2815
Law and equity rescission at law 1598
2821
CHAPTER XLIII
2828
Abuse of lawful means 1607
2835
Arguments that threats of criminal prosecution may not be duress are
2841
Coercion by judgment 1619
2849
Duress does not exclude capacity to contract 1624
2856
Variation of public policy 1629
2864
Illustrations of recovery where plaintiff not innocent 1632
2870
Statement by Taft J of permissible restraints 1637
2876
Sale of business with restrictive covenant is valid 1641
2884
Sales of land and choses in action 1705
2935
Common law of the United States 1668
2940
Whether contract between broker and customer may be invalid though that
2946
Indorsement of negotiable instrument for gambling consideration 1677
2952
Usury 1682
2960
Renewal obligations 1688
2966
Excessive charges 1693
2974
Damages for default may be greater than legal interest 1696
2981
Importance of delivery 1704
2988
Ratification and adoption of contracts made on Sunday 1707
2991
Collateral effects of champertous contracts 1713
2999
Contracts to indemnify sureties on bail bonds 1717
3005
Decisions in the United States 1721
3011
Limiting parties to particular courts or procedure 1725
3017
Bargains for offices or advantages in private corporations 1736
3020
Contingent compensation 1729
3023
Contracts for railroad locations or stations or operations 1733
3031
Contracts of fiduciaries tending to impair fidelity 1737
3034
Quasicontractual recovery 1740
3040
Agreements to resume marital relations 1744
3046
Contracts with aliens suspended or avoided by declaration of war 1748
3053
Contracts collaterally connected with unlawful intent or act 1752
3059
Executory promise to furnish goods intended for unlawful purpose imposes
3065
Illustrations of prohibitory statutes 1765
3071
Revenue statutes may invalidate contracts 1769
3077
Corporation illegally doing business is liable on its contracts and may
3083
Unconstitutional state prohibitions 1776
3086
Partly illegal bilateral contracts 1782
3092
Rescission allowed when illegal agreement unexecuted 1788
3100
Treatment of these methods 1794
3106
What amounts to an appropriation by the creditor 1799
3112
Interests of third persons 1804
3118
Application of collateral 1807
3124
What money is legal tender 1813
3128
Tender of chattel property 1818
3134
Reasonableness of satisfaction 1852
3138
Early law 1821
3140
Restoration of the status quo 1827
3146
American decisions 1831
3152
Accords and similar agreements 1837
3159
Even though full performance tendered or part performance rendered 1843
3166
Debts of record 1850
3173
Form and evidence of an account stated 1863
3187
Novation 1865
3194
Necessity for the assent of all parties to a simple novation 1870
3200
Conditional novations 1873
3206
Simple contracts 1879
3212
American rule governing alteration of a deed by a stranger 1885
3218
Alteration by the obligor or obligee 1893
3227
Several obligors 1898
3233
Alterations advantageous to the obligor 1903
3240
Materiality is a question of law 1908
3247
Formerly a debt died with the writingreason for the rule 1910
3253
Tendency of best modern decisions 1917
3260
Effect of conditional payment 1923
3269
When writing necessary 1928
3275
Objective and subjective impossibility 1932
3282
Classification of excusable impossibility 1935
3288
Prevention by judicial order 1939
3295
Contracts to marry 1943
3301
Injury of goods contracted to be sold 1947
3307
Test for determining whether a contract depends on continuance
3316
Partial impossibility 1956
3323
Impossibility due to promisors fault 1959
3329
Building contracts 1964
3338
Liability for defective plans 1966
3340
Other effects of impossibility 1969
3346
Assumption of risk 1972a
3353
Incomplete work on property which is destroyed 1975
3360
Measure of damages where full performance is prevented by impossibility 1977
3366
CHAPTER LIV
3373
Other contingent claims under the Act of 1898 1993
3386
Debts not affected by discharge 1999
3392
CHAPTER LV
3395
Statute runs from breach of contract 2004
3402
successive absences 2009
3408
Tacking disabilities 2014
3414
Divergent views as to the effect of fraudulent concealment 2017
3420
Instalment debts 2024
3426
Contracts for continuous determinate performance 2028
3433
Alternative remedies 2031
3439
Agents 2036
3445
Nature of contract frequently indicates intention 2042
3452
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3280 페이지 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
2866 페이지 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
2923 페이지 - ... or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof...
2899 페이지 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies or other commodities, whether patented or unpatented...
2923 페이지 - ... from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value ; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall...
2420 페이지 - ... contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
2661 페이지 - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
2810 페이지 - Ignorantia juris haud excusat ' ; but in that maxim the word ' jus ' is used in the sense of denoting general law. the ordinary law of the country. But when the word ' jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of (1) LR 2 HL, 149.
2506 페이지 - ... not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is...
2626 페이지 - Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate.

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