Rules
Restatement (Second) of Contracts and UCC Article 2 provisions referenced in the casebook.
Restatement (Second) of Contracts
- R2d § 1 Contract Defined
- R2d § 2 Promise; Promisor; Promisee; Beneficiary
- R2d § 3 Agreement Defined; Bargain Defined
- R2d § 6 Formal Contracts
- R2d § 12 Capacity to Contract
- R2d § 14 Infants
- R2d § 15 Mental Illness or Defect
- R2d § 17 Requirement of a Bargain
- R2d § 18 Manifestation of Mutual Assent
- R2d § 19 Conduct as Manifestation of Assent
- R2d § 20 Effect of Misunderstanding
- R2d § 24 Offer Defined
- R2d § 26 Preliminary Negotiations
- R2d § 33 Certainty
- R2d § 36 Methods of Termination of the Power of Acceptance
- R2d § 42 Revocation by Communication from Offeror Received by Offeree
- R2d § 45 Option Contract Created by Part Performance or Tender
- R2d § 50 Acceptance of Offer Defined; Acceptance by Performance; Acceptance by Promise
- R2d § 58 Necessity of Acceptance Complying with Terms of Offer
- R2d § 63 Time When Acceptance Takes Effect
- R2d § 71 Requirement of Exchange; Types of Exchange
- R2d § 73 Performance of Legal Duty
- R2d § 74 Settlement of Claims
- R2d § 79 Adequacy of Consideration; Mutuality of Obligation
- R2d § 86 Promise for Benefit Received
- R2d § 87 Option Contract
- R2d § 89 Modification of Executory Contract
- R2d § 90 Promise Reasonably Inducing Action or Forbearance
- R2d § 110 Classes of Contracts Covered
- R2d § 131 General Requisites of a Memorandum
- R2d § 139 Enforcement by Virtue of Action in Reliance
- R2d § 151 Mistake Defined
- R2d § 152 When Mistake of Both Parties Makes a Contract Voidable
- R2d § 153 When Mistake of One Party Makes a Contract Voidable
- R2d § 154 When a Party Bears the Risk of a Mistake
- R2d § 164 When a Misrepresentation Makes a Contract Voidable
- R2d § 175 When Duress by Threat Makes a Contract Voidable
- R2d § 177 When Undue Influence Makes a Contract Voidable
- R2d § 201 Whose Meaning Prevails
- R2d § 202 Rules in Aid of Interpretation
- R2d § 203 Standards of Preference in Interpretation
- R2d § 205 Duty of Good Faith and Fair Dealing
- R2d § 208 Unconscionable Contract or Term
- R2d § 209 Integrated Agreements
- R2d § 210 Completely and Partially Integrated Agreements
- R2d § 213 Effect of Integrated Agreement on Prior Agreements (Parol Evidence Rule)
- R2d § 216 Consistent Additional Terms
- R2d § 224 Condition Defined
- R2d § 225 Effects of the Non-Occurrence of a Condition
- R2d § 226 How an Event May Be Made a Condition
- R2d § 227 Standards of Preference with Regard to Conditions
- R2d § 234 Order of Performances
- R2d § 235 Effect of Performance as Discharge and of Non-Performance as Breach
- R2d § 237 Effect on Other Party's Duties of a Failure to Render Performance
- R2d § 241 Circumstances Significant in Determining Whether a Failure Is Material
- R2d § 242 Circumstances Significant in Determining When Remaining Duties Are Discharged
- R2d § 250 When a Statement or an Act Is a Repudiation
- R2d § 251 When a Failure to Give Assurance May Be Treated as a Repudiation
- R2d § 253 Effect of a Repudiation as a Breach and on Other Party's Duties
- R2d § 261 Discharge by Supervening Impracticability
- R2d § 263 Destruction, Deterioration, or Failure to Come into Existence of Thing Necessary for Performance
- R2d § 265 Discharge by Supervening Frustration
- R2d § 302 Intended and Incidental Beneficiaries
- R2d § 304 Creation of Duty to Beneficiary
- R2d § 311 Variation of a Duty to a Beneficiary
- R2d § 317 Assignment of a Right
- R2d § 344 Purposes of Remedies
- R2d § 347 Measure of Damages in General
- R2d § 348 Alternatives to Loss in Value of Performance
- R2d § 349 Damages Based on Reliance Interest
- R2d § 350 Avoidability as a Limitation on Damages
- R2d § 351 Unforeseeability and Related Limitations on Damages
- R2d § 352 Uncertainty as a Limitation on Damages
- R2d § 355 Punitive Damages
- R2d § 356 Liquidated Damages and Penalties
- R2d § 357 Availability of Specific Performance and Injunction
- R2d § 359 Effect of Adequacy of Damages
- R2d § 370 Requirement That Benefit Be Conferred
- R2d § 373 Restitution When Other Party Is in Breach
Uniform Commercial Code, Article 2
- UCC § 1-103 Construction; Application; Supplementary General Principles
- UCC § 1-201 General Definitions
- UCC § 1-205 Course of Dealing and Usage of Trade (former)
- UCC § 1-303 Course of Performance, Course of Dealing, and Usage of Trade
- UCC § 2-102 Scope: Transactions in Goods
- UCC § 2-105 Definitions: Goods; Future Goods
- UCC § 2-201 Formal Requirements; Statute of Frauds
- UCC § 2-204 Formation in General
- UCC § 2-205 Firm Offers
- UCC § 2-206 Offer and Acceptance in Formation of Contract
- UCC § 2-207 Additional Terms in Acceptance or Confirmation
- UCC § 2-208 Course of Performance or Practical Construction (former)
- UCC § 2-209 Modification, Rescission and Waiver
- UCC § 2-302 Unconscionable Contract or Clause
- UCC § 2-305 Open Price Term
- UCC § 2-306 Output, Requirements and Exclusive Dealings
- UCC § 2-309 Absence of Specific Time Provisions
- UCC § 2-313 Express Warranties by Affirmation, Promise, Description, Sample
- UCC § 2-314 Implied Warranty: Merchantability; Usage of Trade
- UCC § 2-315 Implied Warranty: Fitness for Particular Purpose
- UCC § 2-316 Exclusion or Modification of Warranties
- UCC § 2-509 Risk of Loss in the Absence of Breach
- UCC § 2-601 Buyer's Rights on Improper Delivery
- UCC § 2-602 Manner and Effect of Rightful Rejection
- UCC § 2-609 Right to Adequate Assurance of Performance
- UCC § 2-610 Anticipatory Repudiation
- UCC § 2-612 Installment Contract; Breach
- UCC § 2-615 Excuse by Failure of Presupposed Conditions
- UCC § 2-706 Seller's Resale Including Contract for Resale
- UCC § 2-708 Seller's Damages for Non-Acceptance or Repudiation
- UCC § 2-712 Cover; Buyer's Procurement of Substitute Goods
- UCC § 2-713 Buyer's Damages for Non-Delivery or Repudiation
- UCC § 2-714 Buyer's Damages for Breach in Regard to Accepted Goods
- UCC § 2-715 Buyer's Incidental and Consequential Damages
- UCC § 2-716 Buyer's Right to Specific Performance or Replevin
- UCC § 2-718 Liquidation or Limitation of Damages; Deposits
- UCC § 2-719 Contractual Modification or Limitation of Remedy
- UCC § 2308(a) Magnuson-Moss Warranty Act: Implied Warranty Disclaimer Bar