Restatement of the Law, Second: Contracts, 2d : Tentative Drafts, No. 1-7 , Revised and EditedAmerican Law Institute, 1973 - 600 sider |
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Introduction | 1 |
Section | 4 |
Omitted | 16 |
Chapter 2 | 23 |
Chapter 3 | 41 |
Who may accept an offer 55 Acceptance by performance manifestation of intention not to accept 56 Acceptance by performance necessity of notific... | 42 |
MANIFESTATION OF ASSENT IN GENERAL Section 20 Manifestation of mutual assent | 44 |
Conduct as manifestation of assent | 45 |
Mistake as to duty to beneficiary | 313 |
Government contracts | 315 |
Suretyship defenses | 318 |
Effect of a promise of incidental benefit | 319 |
WHAT CAN BE ASSIGNED OR DELEGATED Section 149 Assignment of a right | 320 |
Chapter 7 | 325 |
Scope of this chapter | 334 |
Delegation of performance of duty | 339 |
21A Effect of misunderstanding | 48 |
21B Intention to be legally bound | 51 |
offer and acceptance | 53 |
Necessity that manifestations have reference to each other | 55 |
MAKING OF OFFERS 24 Offer defined | 58 |
24A Option contracts | 59 |
Preliminary negotiations | 60 |
Acceptance of offer which states place time or manner of | 61 |
ceptance | 62 |
Existence of contract where written memorial is contemplated 27 Auctions | 65 |
To whom an offer is addressed | 67 |
Form of acceptance invited | 68 |
Offer proposing a single contract or a number of contracts | 70 |
Invitation of promise or performance | 73 |
Certainty | 76 |
Certainty and choice of terms effect of performance or reli ance | 80 |
DURATION OF THE OFFEREES POWER OF ACCEPTANCE 34 The offerees power of acceptance | 84 |
Methods of termination of the power of acceptance | 85 |
35A Termination of power of acceptance under option contract | 86 |
Omitted | 87 |
Rejection | 88 |
Counteroffers | 89 |
Time when rejection or counteroffer terminates the power of acceptance | 90 |
Lapse of time 41 Revocation by communication from offeror received by of feree | 91 |
Indirect communication of revocation | 96 |
Revocation of general offer | 98 |
Revocation of divisible offer | 100 |
Option contract created by part performance or tender 4647 Omitted 47A Effect of deposit on revocability of offer | 105 |
Death or incapacity of offeror or offeree | 106 |
4950 Omitted 51 Effect of delay in communication of offer | 107 |
ACCEPTANCE OF OFFERS 52 Acceptance of offer defined acceptance by performance acceptance by promise | 108 |
Acceptance which requests change of terms | 127 |
Effect of performance by offeree where offer invites either performance or promise | 128 |
Time when acceptance takes effect | 130 |
Acceptance by telephone or teletype | 136 |
Reasonableness of medium of acceptance | 137 |
Acceptance must be properly dispatched | 139 |
Effect of receipt of acceptance improperly dispatched | 140 |
What constitutes receipt of revocation rejection or acceptance | 141 |
7071 Omitted 72 Acceptance by silence or exercise of dominion 73 Effect of receipt by offeror of a late or otherwise defective acceptance | 142 |
Omitted | 147 |
Chapter 4 | 148 |
Exchange of promise for promise | 165 |
Conditional promise | 168 |
Illusory and alternative promises | 170 |
Voidable and unenforceable promises | 174 |
Adequacy of consideration mutuality of obligation | 175 |
Omitted 83 Multiple exchanges | 179 |
Consideration as motive or inducing cause | 180 |
CONTRACTS WITHOUT CONSIDERATION Introductory note | 181 |
Omitted | 182 |
Promise to pay indebtedness effect on the statute of limita tions | 186 |
To whom promises enumerated in 8689 must be made | 222 |
Requirements for sealed contract or written contract or instru | 232 |
Delivery | 238 |
What amounts to acceptance of instrument | 244 |
113116 Omitted see 112 | 248 |
Obligees of the same promised performance | 277 |
Compulsory joinder of joint obligees | 278 |
Discharge by or tender to one joint obligee | 280 |
Effect of violation of duty to a coobligee | 282 |
Survivorship of joint rights | 283 |
Chapter 6 | 284 |
Omitted see 142 | 297 |
Delegation of performance of condition | 342 |
Assignment of conditional rights | 344 |
Assignment of future rights | 350 |
Contractual prohibition of assignment | 352 |
Obligors assent to assignment or delegation | 354 |
MODE OF ASSIGNMENT OR DELEGATION 156 Mode of assignment in general | 356 |
Order as assignment | 358 |
Partial assignment | 361 |
Acceptance or disclaimer by the assignee | 362 |
Interpretation of words of assignment effect of acceptance of assignment | 363 |
Repudiation by assignor and novation with assignee | 366 |
Contracts to assign in the future or to transfer proceeds to be received | 368 |
EFFECT BETWEEN ASSIGNOR AND ASSIGNEE 163 Partially effective assignments | 372 |
Revocability of gratuitous assignments | 373 |
Warranties of an assignor | 380 |
EFFECT ON THE OBLIGORS DUTY 166 Variation of obligors duty by assignment | 381 |
Assignment by a joint obligee | 383 |
Defenses against an assignee | 384 |
Elimination of defenses by subsequent events | 390 |
Discharge of an obligor after assignment | 392 |
Protection of obligor in cases of adverse claims | 398 |
PRIORITIES BETWEEN ASSIGNEE AND ADVERSE CLAIMANTS 172 Effect of assignment on priority and security | 402 |
Creditors of an assignor | 405 |
Successive assignees from the same assignor | 407 |
Latent equities | 411 |
176177 Omitted | 412 |
Section | 413 |
Section | 414 |
Requirement of suretyship | 425 |
Chapter 8 | 429 |
Novation | 432 |
Obligations on negotiable instruments | 438 |
Statutory Note | 440 |
Contract to procure transfer or to act as agent | 447 |
THE ONEYEAR PROVISION | 457 |
SATISFACTION OF THE STATUTE | 463 |
Several writings | 470 |
Signature | 477 |
Effect of unenforceable contract as to third parties | 489 |
Rescission by oral agreement | 496 |
Omitted | 503 |
Integrated agreement subject to oral requirement of a con dition | 504 |
Rules in aid of interpretation | 510 |
Standards of preference in interpretation | 516 |
Interpretation against the draftsman | 526 |
EFFECT OF ADOPTION OF A WRITING | 533 |
Standardized agreements | 539 |
Effect of integrated agreement on prior agreements parol evi | 549 |
Consistent additional terms | 555 |
Untrue recitals evidence of consideration | 559 |
SCOPE AS AFFECTED BY USAGE 245 Usage | 561 |
Usage relevant to interpretation | 564 |
Usage supplementing an agreement | 565 |
Usage of trade | 569 |
Course of dealing | 571 |
CONDITIONS Introductory Note | 572 |
Condition defined | 573 |
Effects of the nonoccurrence of a condition | 578 |
How an event may be made a condition | 582 |
Standards of preference with regard to conditions | 587 |
Satisfaction of the obligor as a condition | 594 |
Excuse of a condition to avoid forfeiture | 597 |
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