Contracts Outline Mk. II getting there but still not
quite done
Table of contents
Three
interests: expectation, reliance, and restitution
Mitigation
or Avoidability § 350(1)
Fixed costs and variable costs
overhead
Mitigation
by taking another job
Lost
volume seller - § 2-708(2)
Anticipatory
repudiation - § 2-610
Foreseeability
(Hadley v. Baxendale) - § 351(2) and § 2-715(2)(a)
Exception
to Hadley: No emotional distress damages
Reliance
damages and the uncertainty limitation on expectation damages
Plaintiff
in default seeking restitution - § 374, § 2-718(2)(b)
Substantial
performance - § 348(2)(a)
Liquidated
damages and penalties - § 356
Specific
enforcement of contracts for the sale of land
Specific
enforcement of personal service contracts
Non-competition
clauses related to employment
Non-competition
clauses related to the sale of a business
Specific
performance of arbitration orders.
What promises ought to be enforced?
Reasons not to enforce certain promises
Statute
of frauds - § 110 et seq.
The
volunteer and quasi-contracts
Promises
grounded in the past - § 86
Part
performance of land promises - § 139
Preexisting
legal duty rule - § 73
Statutory
modification of the preexisting legal duty rule - § 2-209
Output,
requirements, and exclusive contracts - § 2-306
Duration of the power of acceptance
Option
contracts and firm offers - §§ 45 and 87(2), § 2-205
The battle of the forms UCC § 2-207
Offer, revocation and rejection by mail
§§ 40 and 42
Acceptance is effective on dispatch the
mailbox rule of Adams v. Lindsell (§
63)
The parol evidence rule § 213 and UCC §
2-202
The interpretation of writings §§ 202-207
Assent to standardized forms exculpatory
clauses
Policing
the bargain defenses
The doctrine of infancy § 14
The doctrine of mental incompetence § 15
Modification of an executory contract §
89