The Law of Contracts - Samuel Williston - Google Bøker

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THE

LAW OF CONTRACTS

BY

SAMUEL WILLISTON, LL.D.

DANE PROFESSOR OF LAW IN HARVARD UNIVERSITY

IN FOUR VOLUMES

VOLUME 111

NEW YORK

BAKER, VOORHIS & CO.

COPYRIGHT, 1920,

BY

SAMUEL WILLISTON

SOCIAL SCIENCES

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A breach of contract involves a broken promise...

Promises payable on demand..

Partial and total breach...

One action only is allowed for a single breach of contract.

Sometimes one action only allowed for several breaches of contract. 1292

Implied promises. ....

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

American decisions....

Rule of damages not applicable in every case.

American decisions sound...

Inconsistency of Cockburn's language—True rule.

Contract not terminated..

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.

Early decision....

Explanation of the decision..

Explanation of case continued.

Erroneous statement of Fuller, C. J..

Other English cases...

Hochster v. De La Tour..

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 )

Section

Contracts to marry..

Practical convenience...

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.

Independent 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 ..

Withdrawal of repudiation..

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.

1337

MEASURE OF DAMAGES FOR BREACH OF

Compensation is the fundamental principle.....

Compensation should be not the value of the contract, but of the perform-

ance of the contract. ...

Exceptions to the principles of compensation.

Recovery for the plaintiff's preparations.

Value to the plaintiff.

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

proper notice...

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-
ance is of no value. ...

1352

Avoidable consequences.

(References are to sections )

When consequential damages are natural and proximate.

The rule of Hadley v. Baxendale...

Basis of the rule in Hadley v. Baxendale.

CHAPTER XXXVIII

APPLICATION OF RULES OF DAMAGES TO PAR-

Contracts of employment..

Mitigation or enhancement of damages..

Burden of proof......

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.

So in case of unpaid seller..

Rescission of title by buyer.

Conditional sales....

Executory contracts.

Summary of reasons for allowing seller to recover price.

The Civil law......

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.

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