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Table Of Contents

Agreements in Principle
Revocation and Acceptance
MIRROR-IMAGE RULE
ACCEPTANCE BY ACTION
ACCEPTANCE BY INACTION
BATTLE OF THE FORMS
E-COMMERCE & MUTUAL ASSENT
Consideration Doctrine
PAST OR MORAL CONSIDERATION
EXCEPTION: MODIFICATION AND PREEXISTING DUTY
EXCEPTION: PROMISSORY ESTOPPEL
STATUTE OF FRAUDS
NATURE AND LIMITS OF Ks
UNENFORCEABLE PF VALID K’S
WRT Public Policy/Legislation
WRT Capacity, Duress, and Undue Influence
Incapacity
Duress and Improper Threat
Undue Influence
WRT Unconscionability
Definitions
Interpreting the Agreement
HIERARCHY OF INTERPRETATION
GAP FILLING
Illusory Promises
Gap Filling and Good Faith
EXTRINSIC EVIDENCE
Breach
EFFICIENT BREACH HYPOTHESIS
PHILOSOPHY OF PROMISE
BREACH AND CONSTRUCTIVE CONDITION
Failure of a Basic Assumption
Damages
Farnsworth’s Three Damage Interests:
Damage calculation
LIMITATIONS ON DAMAGES
Remoteness of Harm (Foreseeability)
Uncertainty of Harm
Speculative Damages
Wasted Expenditures
Avoidability of Harm (Mitigation Obligation)
Mitigation and Efficient Breach
Mitigation and “Burdensome” Cover [R.2d §350(1)]
Mitigation and Buyer Breach/Seller’s Remedy
SPECIFIED DAMAGES
SPECIFIC PERFORMANCE
RESTITUTION
Restitution for Breaching Promisor
Restitution & Quasi-K
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Barry Adler_Contracts_Fall 2010

Barry Adler_Contracts_Fall 2010

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Published by: Christopher Sean Oglesby on Apr 11, 2011
Copyright:Attribution Non-commercial

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10/25/2012

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