« ForrigeFortsett »
LAW OF CONTRACTS
SAMUEL WILLISTON, LL.D.
DANE PROFESSOR OF LAW IN HARVARD UNIVERSITY
IN FOUR VOLUMES
BAKER, VOORHIS & CO.
A breach of contract involves a broken promise...
One action only is allowed for a single breach of contract.
Sometimes one action only allowed for several breaches of contract. 1292
Performance of a promise must be made as such.
Renewed offers of performance...
Anticipatory or prospective breach.
Lord Cockburn's rule in regard to repudiation...
First half of Cockburn's rule approved in England but inconsistent with
Rule of damages not applicable in every case.
Inconsistency of Cockburn's language—True rule.
Practical importance of distinction.
No manifestation of election necessary.
Prospective inability to perform should excuse.
Time when right of action accrues...
Arguments from principle and precedent.
Explanation of case continued.
Erroneous statement of Fuller, C. J..
Distinction between defence and right of action...
Distinction between action for restitution and action on the contract. 1316
No inconsistency in allowing full damages before all performance due..
Action may be based on breach of subsidiary promise..
Time of performance fixed by act of the promisee.
(References are to sections )
Necessity of election to treat repudiation as a breach..
What constitutes an election to treat repudiation as a breach.
Positiveness of repudiation....
What amounts to total repudiation..
Whether anticipatory inability to perform amounts to a breach.
Supreme Court holds bankruptcy anticipatory breach....
There can be no anticipatory breach of unilateral obligations.
Repudiated contract of insurance.
Repudiation may be a defence though it does not amount to a breach.... 1331
Time when repudiation becomes effectual.....
Effect of failing to elect to treat repudiation as a breach under the English
American decisions opposed to English rule ..
Possible distinction between the effect of repudiation before breach and after
partial breach of a contract.....
Summary of American doctrine in regard to anticipatory breach.
Compensation is the fundamental principle.....
Compensation should be not the value of the contract, but of the perform-
Exceptions to the principles of compensation.
Recovery for the plaintiff's preparations.
Proximate and natural consequences.
Damages must be reasonably certain..
Certainty of damage and certainty of amount of damage.
Illustrations of consequential damages allowed when the defendant had
Principle is applicable to partial breach.
Unilateral and bilateral contracts...
Rule of damages where promises are dependent. .
Where the defendant's performance is due before the plaintiff's.
Recovery of full value of defendant's performance where plaintiff's perform-
When consequential damages are natural and proximate.
The rule of Hadley v. Baxendale...
Mitigation or enhancement of damages..
Employee's right to sue for future wages.
Employee's recovery where trial precedes the expiration of contract. 1362
Contract for a particular service. .
Seller of goods may recover price where property has passed..
Recovery of price allowed in some jurisdictions where property has not
Decisions under Statute of Frauds as basis of rule..
Restriction of New York rule..
Rule often condemned, but just.
Rule thought anomalous, and opposed by some authorities.
Defrauded seller may specifically enforce his rights..
So in cases of mistake, duress, infancy, or insanity.
Summary of reasons for allowing seller to recover price.
Measure of damages for non-acceptance of goods...
Seller's damages where goods have no market value.
Seller's damages where he has not obtained the goods.
Damages for failure to deliver goods when property has passed.
Allowance of higher subsequent value....
Buyer is entitled to the difference between the market and contract prices ... 1383
Buyer's damages where there is no market price...
Limitation of the buyer's right to recover the difference between the market
price and the contract price...
Other cases where the buyer's damages are limited..
Delivery of too small a quantity....
Deficient delivery under instalment contract.
Deficient delivery where contract is entire.
Damages for delay in delivery....
Damages for defective quality general rule.
Restricted rule of damages for fraud..
Consequential damages for breach of warranty of quality.