Formation of Contracts:
Mutual Assent
Capacity to Contract
Illegality, unconscionability, and public policy
Implied-in-fact contract and quasi-contract
're-contract' obligations based on detrimental reliance
express and implied warranties in sale-of-goods contracts
Consideration:
Bargain and exchange
'Adequacy" of consideration: mutuality of obligation, implied
promised, and disproportionate changes
Modern substitutes for bargain: "Moral obligation,"
detrimental reliance, and statutory substitutes
Modification of contracts: preexisting duties
Compromise and settlement of claims
Third-Party beneficiary contracts:
Intended beneficiaries
Incidental beneficiaries
Impairment or extinguishments of third-party rights by contract
modification of mutual rescission
Enforcement by the promisee
Assignment of rights and
delegation of duties:
Assignment of rights
Delegation of duties
Statues of Frauds:
The memorandum
Contracts within the statute of frauds
Parol evidence and interpretation:
The writing as final expression of agreement
Exceptions
Parol evidence rule under the uniform commercial code
Conditions:
Express
Constructive
Obligations of good faith and fair dealing in performance and
enforcement of contracts
Suspension or excuse of conditions by waiver, election, or estoppel
Prospective inability to perform: effect on other party
Remedies:
Total and partial breach of contract
Anticipatory repudiation
Election of substantive right and remedies
Specific performance; injunction against breach; declaratory judgment
Rescission and reformation
Measure of damages in major types of contract and breach
Consequential damages: causation, certainty, and foreseeability
Liquidated damages and penalties
Restitutionary and reliance recoveries
Remedial rights of defaulting parties
Avoidable consequences and mitigation of damages
Buyer's remedies under Article 2
Seller's remedies under Article 2
Impossibility of performance and
frustration of purpose:
Impossibility of performance
Frustration of purpose