Restatement 2d Sections Flashcards
Definition of “contract”
1
Definitions of “promise”, “promisor”, “promisee”, “beneficiary”
2
Definitions of “agreement”, “bargain”
3
Remedies
344, 345
Damages
346, 347
Punitive damages
355
Intoxicated persons
16
Requirement of a bargain
17
Manifestation of mutual assent, conduct as manifestation of assent
18, 19
Intention to be legally bound
21
Offer and acceptance
22
Definition of “offer”
24
Preliminary negotiations
26
Existence of Contract Where Written Memorial is Contemplated
27
Certainty
33
Auctions
28
Mistake(s)
151-154
Form of acceptance invited
30
Definition(s) of “acceptance; by performance, by promise”
50
Acceptance by performance (unilateral offer)
54
Acceptance by promise (bilateral offer)
56
Effect of performance by offeree where offer invites either performance or promise
62
Part performance, offeree, acceptance by performance
51-53
Option contract created by part performance
45
To whom an offer is addressed
29
Invitation of promise or performance
32
Reasonableness of medium of acceptance
65
Acceptance by silence or exercise of dominion
69
Option contract (options)
25
Offeree’s power of acceptance, etc.
35-43
Revocation of general offer (advertisement)
46
Death or incapacity of offeror or offeree
48
Acceptance which requests change of terms
61
Time when acceptance takes effect (“Mailbox” Rule), acceptance by telephone or teletype
63, 64
Acceptance properly dispatched, effect of receipt of acceptance improperly dispatched, what constitutes receipt of revocation, rejection, or acceptance
66, 67, 68
An offer is binding as an option contract 1) if the offeror should reasonably expect his offer to induce action or forbearance of a substantial character on the part of the offeree before acceptance, 2) if such action or forbearance is induced, AND 3) if enforcement is necessary to avoid injustice (Drennan v. Star Paving)
87(2)
PROMISSORY ESTOPPEL; Promise Reasonably Inducing Action or Forbearance. A promise is binding 1) if the promisor should reasonably expect his promise to induce action or forbearance on the part of the promisee, 2) if such action or forbearance is induced, AND 3) if enforcement is necessary to avoid injustice.
90
Effect of Uncertainty of Terms
362