The Law of Contracts, Volume 3

Front Cover
Baker, Voorhis & Company, 1920 - Contracts
 

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Contents

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
1401
2425
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
Insolvency as a ground for specific performance 1420
2529
Equity will not make a decree impossible of performance 1422
2536
Discretionary character of the remedy 1425
2542
Inadequacy of consideration 1428
2548
nance 1432
2556
Terminable contracts
2567
Summary of principles governing enforcement of negative personal cov
2583
28
2595
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
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
Illustrations 1506
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
Reformation of conveyances 1550
2750
Executory contracts which are not within the Statute of Frauds in the United
2757
Error in regard to an object to which the contract relates 1559
2763
Rules of the Civil law 1564
2770
When collateral mistake is material 1570
2778
Unilateral mistake 1573
2785
Unilateral mistake as to contents of writing 1577
2791
Mistake of law 1581
2797
Mistake of law as to meaning of instrument is ground for reformation 1585
2803
Mistake as to antecedent private rights 1589
2809
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
CHAPTER XLIV
2862
Illustrat of recovery by innocent plaintiffs 1631
2868
Reasonableness of restraint 1636
2874
Contract implied on sale of good will 1640
2881
Sale or lease of property with restrictive covenant 1642
2888
Partners may make restrictive promises 1644
2894
Contracts not to divulge trade secrets are valid 1646
2900
Limitations on resale prices 1649
2907
Any contract may be rendered invalid if tending to produce monopoly 1653
2913
Sherman Act 1657
2920
Partial enforcement of promise indivisible in terms 1660
2926
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
3024
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
By whom and to whom tender must be made 1811
3127
Effect of tender in discharging obligations 1817
3133
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
Reasonableness of satisfaction 1852
3174
Accord and satisfaction with a third personEnglish cases 1857
3183
Conclusiveness of an account stated 1864
3191
Analysis of compound novation 1867
3197
Necessity of the assent of all parties to a compound novation 1871
3204
Cancellation and surrender is the normal method of discharging a specialty 1876
3210
Conveyances of corporeal and incorporeal hereditaments 1883
3216
Alteration by a stranger 1892
3218
Rule was originally applicable to specialties 1890
3223
Alteration by the obligor or obligee 1893
3227
Several obligors 1898
3233
Alterations advantageous to the obligor 1903
3240
Further illustrations_test of materiality 1907
3247
Formerly a debt died with the writing reason 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
3317
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
Quasicontractual obligations 1986
3379
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
Secret return 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
Limitation of actions on negotiable instruments 2040
3452
Copyright

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Common terms and phrases

Popular passages

Page 3258 - ... 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.
Page 2844 - 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.
Page 2901 - ... or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof...
Page 2422 - Where, under a contract of sale, the price is payable on a day certain irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Page 2877 - 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...
Page 2901 - ... 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...
Page 2400 - ... 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.
Page 2639 - 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.
Page 2788 - 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.
Page 2604 - 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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