Cases and Problems on Contracts

by Calamari, John D.; Perillo, Joseph M.; Bender, Helen Hadjiyannakis

• ISBN13: 9780314238610
• ISBN10: 0314238611
• Edition: 3rd
• Format: Hardcover
• Copyright: 1999-12-01
• Publisher: West Group

Table of Contents

Preface	iii
Copyright Acknowledgements	v
Table of Cases	xxi
The Agreement Process	1	(163)
Intent to Contract	1	(18)
The Offer	19	(20)
Intent to Memorialize and Indefiniteness	39	(52)
The Acceptance	91	(27)
When May an Offer Looking to a Unilateral Contract No Longer Be Revoked?	118	(9)
Acceptance of Indifferent Offers and Acceptance by Promise	127	(11)
Mistake in Transmission	138	(1)
Termination of a Revocable Offer	138	(7)
Counter-Offers and the Battle of the Forms	145	(14)
Option Contracts	159	(5)
Consideration	164	(91)
What Is Consideration?	164	(22)
Pre-existing Duty Rule	186	(28)
Duress and Statutory Changes Regarding the Modification of Contracts	214	(15)
Consideration in Bilateral Contracts and Mutuality of Obligation	229	(26)
Moral Obligation and Consideration	255	(12)
Promissory Estoppel	267	(32)
Parol Evidence and Interpretation	299	(41)
The Parol Evidence Rule	299	(22)
Interpretation	321	(19)
Capacity of Parties	340	(13)
Avoidance for Misconduct or Mistake	353	(55)
Duress	353	(5)
Undue Influence	358	(9)
Misrepresentation and Non-Disclosure	367	(15)
Mistake	382	(15)
Reformation	397	(2)
Unconscionability and Duty to Read	399	(9)
Conditions, Performance and Breach	408	(167)
The Nature and Effect of Express Conditions, the Time Classification of Conditions	408	(10)
Does the Contract Create an Express Condition, a Promise, or Both?	418	(25)
Constructive Conditions	443	(22)
Constructive Conditions Under the UCC	465	(5)
Less Than Substantial Performance: Quasi-Contractual Recovery	470	(8)
Recovery by a Party in Default: Divisibility, Independent Promises, and Separate Contracts	478	(4)
Wrongful Prevention and Noncooperation	482	(17)
Waiver, Estoppel, and Election	499	(9)
Relief From Forfeiture	508	(32)
Conditions of Satisfaction	540	(16)
A ``Realist'' Looks at Conditions	556	(2)
Prospective Failure of Condition and Breach by Repudiation	558	(17)
Impossibility or Impracticability, Frustration and Risk of Casualty Losses	575	(51)
Enforcement Remedies	626	(116)
Damages	626	(77)
Restitution	703	(4)
Specific Performance	707	(35)
Third Party Beneficiaries	742	(35)
Intended, Incidental, Creditor and Donee Beneficiaries	742	(22)
Defenses, Vesting and Relative Rights of the Parties	764	(13)
Assignment and Delegation	777	(37)
The Nature and Effect of an Assignment	777	(2)
Deviants From the Norm	779	(3)
Are the Rights Assignable and Performances Delegable?	782	(17)
Other Problems Relating to Assignment and Delegation	799	(6)
Defenses, Counterclaims, Vesting and Latent Equities	805	(9)
The Statute of Frauds	814	(50)
The One Year Provision	814	(11)
The Memorandum	825	(5)
Effect of Part or Full Performance, Rescission and Modification and the One Year Provision	830	(6)
Statute of Frauds and Sales of Goods	836	(14)
The Suretyship Statute of Frauds	850	(6)
Statute of Frauds and Marriage	856	(2)
Statute of Frauds and Real Property	858	(6)
Discharge of Contracts	864	(15)
Mutual Rescission	864	(4)
Executory Accord, Substituted Agreement and Release	868	(6)
Novation, Account Stated, Tender, and Union of Right and Duty	874	(5)
Bargains That Are Illegal or Against Public Policy	879	(36)
Some Varieties of Public Policies	879	(17)
Effect of Illegality	896	(19)
Appendix A	915	(54)
Appendix B	969	(4)
Index	973