contract outline 美国合同法重述英文版.docVIP

3David Castleman Fall 2003 Prof. Madison Contracts Outline Elements of Contract (3) Mutual Assent (4) Offer and Acceptance (6) Offer (6) Preliminary Negotiations (7) Written Memorials (8) Revocation (8) Acceptance (9) Mirror Image Rule (9) Acceptance by Mail (10) Acceptance by Performance (10) Acceptance by Silence (11) E-Commerce (11) Interpreting the Agreement (11) Ambiguous Terms (11) Filling Gaps (13) Adhesion (14) Discerning Terms (15) Battle of the Forms (15) Terms that Accompany Product (16) Assent in Writing (16) Statute of Frauds (16) Parol Evidence Rule (18) Enforceability (20) Consideration (20) Bargains v. Gratuitous Promises (21) Moral Consideration (21) Modification and Preexisting Duty Rule (22) Adequacy (23) Intention to be Legally Bound (23) Promissory Estoppel (24) Substitute for Consideration (25) Family Promises (25) Charitable Acts (25) Construction (25) Alterative to Breach of Contract (26) Statute of Frauds (26) Current Application (27) Performance and Breach (27) Implied Duty of Good Faith (27) Conditions and Constructive Conditions (27) Substantial Performance and Material Breach (28) Defenses (29) Capacity (29) Improper Consent (30) Misrepresentation (30) Duress (32) Undue Influence (33) Unconscionability (33) Failure of Basic Assumption (34) Mistakes of Present Existing Facts (34) Mutual Mistake (35) Unilateral Mistake (36) Duty to Disclose (36) Changed Circumstances (37) Impossibility and Impracticability (37) Frustration of Purpose (39) Long Term Contracts (39) Remedies (40) Types of Damages (40) Expectation and Reliance (41) Restitution (44) Limitations on Damages (45) Unforseeability (45) Uncertainty (45) Avoidability (46) Liquidated Damages and Penalties (48) Specific Performance (49) Land and Goods (49) Personal Services (50)  Elements of Contract The Restatement (Second) of Contracts 1. Group of common law principles, with some innovations not in the common law, that are useful in clarifying the majority principle. 2. Very