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Table Of Contents

Battle of the forms
Postal acceptance rule
Knowledge of the offer
Rejection, death or lapse of time
Death of offeror
Death of offeree
Counter Offers
Formation
2. Defenses against formation
Requirements
In contract law
Duress to the person
Duress to goods
Economic duress
The elements of economic duress
Undue influence
Undue influence in contract law
Presumed undue influence
First subgroup
Second subgroup
Actual undue influence
Undue influence in probate law
Illusory promise
Contents
Implied-in-law "good faith" terms
Implied-in-fact terms
Changes to a "contract" without notification
Statute of frauds
Terminology
Raising the defense
Uniform Commercial Code
England and Wales
Section 6 of the Statute of Frauds Amendment Act 1828[5]
Scotland
Exceptions
Non est factum
3 . Contract interpretationParol evidence rule
Overview
Examples
Standard form contract
Theoretical issues
United States
Generally
Shrink wrap contracts
Canada
Australia
Legislation
Integration clause
Effect
Sample clause
Unilateral mistakes
Mistake of identity
Mutual mistake
Common mistake
Representation is not a term
Criteria for Misrepresentation
Distortion of Fact
Learned Falsity
Special Relationships
Fiduciary Relationships
Opinion
Intention and the Future
Law
Statement to the Misled
Types of misrepresentation
Misrepresentation (in India under IPC section-90)
Remedies
Rescission
Damages
In English law
Impracticability
Unclean hands
[edit] Relation to equitable remedies
Unconscionability
Typical scenarios
Case law
U.S. case law
English case law
Canadian case law
Australian case law
United States legislation
Legal Commentary
Restatement of contracts
Other contexts
Consideration
5. Rights of third parties
Third-party rights
History
Continuing liability of assignor
Assignment of contract rights
When assignment will be permitted
Requirements for an effective assignment
Requirement of a writing
Novation
Revocability
Breach and defenses
Successive assignments
Compare: Delegation
Special rules for assignment of certain rights
Property rights
Partnership rights
Intellectual property rights
Personal injury torts
Contracts
Delegable contracts
Breach of a delegated contract
Compare: assignment
Application in financial markets
Third-party beneficiary
Ius quaesitum tertio
Object to benefit
Irrevocability
Intended vs. incidental beneficiary
Incidental beneficiary
Intended beneficiary
Vesting of rights
Rights that accrue to the promisee
6. Breach of contract
Minor breaches
Material breach
Anticipatory breach
Limits on remedies and damages
Repudiation and retraction
Measuring damages
Cover (law)
Exclusion clause
Types of Exclusion Clause
Term Must be Incorporated
Judicial Control of Exclusion Clauses
Contra Proferentem
Statutory Control
Efficient breach
Development of the theory
Posner's illustration
Criticism
Insurance regarding voyages and shipment
In construction
English law
7. Legal remedies (damages)
Liquidated damages
The law applied to bank and credit card charges
Trial
Types of trial divided by the finder of fact
[edit] Types of trial divided by the type of dispute
[edit] Administrative hearing and trial
[edit] Labor trial
The form of the trial
Mistrials
In court
Insurance
By government
Quasi-contractual obligation
Elements
Contract compared
Liability
[edit] Major types
[edit] Reliance-based estoppels
[edit] Equitable estoppel (English law)
[edit] Proprietary estoppel
Other estoppels
Pais
Convention
Acquiescence
Deed
Conflict Estoppel
Issue estoppel
Situations
Quantum meruit cases
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Contract Law

Contract Law

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Published by maki1106

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Published by: maki1106 on Oct 10, 2011
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