Contracts/Construction and Operation

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< Contracts

Contracts Treatise
Table of Contents
Contracts Outline
Introduction and Definitions
Introduction
Definitions
Elements
Contract law in the United States
Contract formation
Parties
Offer
Acceptance
Intention to Bind
Formal requisites
Mailbox rule
Mirror image rule
Invitation to deal
Firm offer
Consideration
Consent
Implication-in-fact
Collateral contract
Modification
Merger
Uniform Commercial Code
Uniform Commercial Code
Course of dealing
Course of performance
UCC-1 financing statement
Uniform Commercial Code adoption
Defenses against formation
Lack of capacity
Duress
Undue influence
Illusory promise
Statute of frauds
Uncertainty
Non est factum
Contract interpretation
Governing law
Construction and Operation
Parol evidence rule
Contract of adhesion
Integration clause
Contra proferentem
Excuses for non-performance
Mistake
Misrepresentation
Frustration of purpose
Impossibility
Impracticability
Illegality
Unclean hands
Unconscionability
Accord and satisfaction
Rights of third parties
Privity of contract
Assignment
Delegation
Novation
Third-party beneficiary
Performance or Breach
Necessity of performance
Sufficiency of performance
Anticipatory repudiation
Cover
Exclusion clause
Efficient breach
Deviation
Fundamental breach
Termination
Termination
Rescission
Termination and rescission
Abrogation and rescission
Subsequent contract
Termination
Forfeiture
Remedies
Restitution
Specific performance
Liquidated damages
Punitive damages
Quasi-contractual obligations
Estoppel
Quantum meruit
Actions
Actions in General
Parties to Action
Pleading
Evidence
Questions of Law and Fact
Instructions
Trial and Judgment

General Rules of Construction[edit | edit source]

Implied Terms[edit | edit source]

Entire and Severable or Divisible Contracts[edit | edit source]

Conditions & Exceptions, or Provisos[edit | edit source]

Warranties[edit | edit source]

3 types of warranties exist apply to the sale of goods:

A. Express Warranty is contingent upon a seller’s guarantee or affirmation. Mere puffery will not create express warranty.


B. Implied warranty of merchantability is automatically created when the goods are sold.


C. Implied warranty of fitness for a particular purpose at sale.


A warranty may be negate or limited by a disclaimer.

Dependent and Independent Covenants and Stipulations[edit | edit source]

Concurrent Covenants[edit | edit source]

Parties[edit | edit source]

Place[edit | edit source]

Time[edit | edit source]

Compensation[edit | edit source]

References[edit | edit source]