Breach. Continued
Description
This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Breach. Continued
Sec. 2962. Intention of parties.
Sec. 2963. Nature of performance as affecting relation of covenants.
Sec. 2964. Specific illustrations of concurrent covenants - Contracts for the sale of realty.
Sec. 2965. Contracts for the sale of personalty.
Sec. 2966. Other contracts.
Sec. 2967. Concurrent covenants - Method of putting adversary party in default - Duty to perform in advance.
Sec. 2968. Concurrent covenants - Necessity of formal tender.
Sec. 2969. Concurrent covenants - Sufficiency of readiness and willingness to perform and demand for performance.
Sec. 2970. Concurrent covenants - Necessity of readiness and willingness to per-form and demand for performance.
Sec. 2971. Independent covenants - Definition and nature.
Sec. 2972. Covenants to be performed at different and unrelated times - General principles. Sec. 2973. Covenants to be performed at different and unrelated times - Specific illustrations. Sec. 2974. Covenant which forms part of consideration. Sec. 2975. Absolute promises. Sec. 2976. Effect of failure to perform independent covenant.
IV. RELATION OF COVENANT AS TO PURPOSE OF CONTRACT
Sec. 2977. Failure of consideration - General nature. Sec. 2978. Failure of consideration imports breach.
Sec. 2979 Failure of consideration - Speculative bargains.
Sec. 2980. Total failure.
Sec. 2981. Breach of covenant not a vital term of contract.
Sec. 2982. Partial failure - Full compensation in damages.
Sec. 2983. Specific illustrations.
Sec. 2984 partial failure of consideration - Inability to make restitution.
Sec. 2985. Partial failure of consideration as partial defence.
Sec. 2986. Partial failure - Vital term.
Sec. 2987. Failure of consideration for executed conveyance of realty - General principles. Sec. 2988. Conveyance in consideration of contract to furnish support. Sec. 2989. Total failure of title - Executory contract to convey realty. Sec. 2990. Partial failure of title - Executory contract to convey realty. Sec. 2991. Failure of title - Executed conveyance of realty. Sec. 2992. Failure of consideration in sales of personalty. Sec. 2993. Failure of consideration in assignment of invention or patent.
B. Entire and Severable Contracts
Sec. 2994. Entire and severable contracts - Nature and definition.
Sec. 2995. Entire and severable contracts - Importance of distinction - Cases not involving breach.
Sec. 2996. Entire and severable contracts - Importance of distinction - Cases involving breach.
Sec. 2997. General principles of construction applicable.
Sec. 2998. Construction as affected by purpose for which distinction is made.
Sec. 2999. Inference arising from use of one or more instruments.
Sec. 3000. Construction as a fleeted by nature of subject-matter.
Sec. 3001. Effect of inconsistent provisions.
Sec. 3002. Apportionment of consideration--Contract presumed to be severable. Sec. 3003. Apportionment of consideration - Contract shown to be entire.
Sec. 3004. Nonapportionment of consideration - Contract presumed to be entire.
Sec. 3005. Nonapportionment.of consideration - Contract shown to be severable.
Sec. 3006. Consideration apportioned in part and not apportioned in part.
Sec. 3007. Breach of employment contracts.
Sec. 3008. Instalment contracts - General nature.
Sec. 3009. Purpose of parties in entering into instalment contracts.
Sec. 3010. History of English theory of instalment contracts.
Sec. 3011. Failure of buyer to pay instalment due - Theory that contract is discharged.
Sec. 3012. Failure of buyer to pay instalment due - Thecry that contract is not discharged.
Sec. 3013. Renunciation or abandonment by purchaser as discharge.
Sec. 3014. Refusal of buyer to accept instalment.
Sec. 3015. Theory that nonpayment prevents performance by adversary party.
Sec. 3016. Other effects of nonpayment by buyer.
Sec. 3017. Failure of seller to deliver instalment.
Sec. 3018. Effect of uniform sales act.
Sec. 3019. Delivery or tender of -defective instalment.
Sec. 3020. Contracts for work and labor - Default by employe.
Sec. 3021. Contracts for work and labor - Default by employer.
Sec. 3022. Building and construction contracts.
V. EFFECT OF BREACH A. Election Sec. 3023. Effect of breach. Sec. 3024. Right of party in default. Sec. 3025. Right of election in case of breach. Sec. 3026. What amounts to election in case of breach.
Sec. 3027. Meaning of "rescission" for breach.
Sec. 3028. Duty to elect in case of breach.
Sec. 3029. Notice of election to treat breach as discharge. Sec. 3030. Effect of election - Election to treat contract as discharged. Sec. 3031. Putting party in default by act of adversary party. Sec. 3032. Election of party not in default can not increase damages.
Sec. 3033. Election which increases damages - Recovery of contract price allowed in spite of renunciation. Sec. 3034. Election which increases damages - Contract for sale of goods. Sec. 3035. Election which increases damages - Contract for manufacture of goods. Sec. 3036. Other illustrations of election which increases damages.
B. Waiver or Breach as Ground of Discharge
Sec. 3037. Waiver of breach as ground of discharge - Nature of waiver.
Sec. 3038. Waiver as election.
Sec. 3030. Delay as waiver.
Sec. 3040. Elements of waiver - Inducing action in reliance on waiver - Necessity and effect. Sec. 3041. Knowledge of breach essential. Sec. 3042. Intention to waive breach essential
Sec. 3043. Conduct Of Party Not In Default As Waiver.
Sec. 3044. Waiver of prior breach as waiver of entire covenant. Sec. 3045. Free choice of party not in default essential. Sec. 3046. Express approval of performance tendered.
Sec. 3047. Acceptance of defective performance as waiver - General principles.
Sec. 3048. Acceptance of defective performance of contracts for work and labor, or construction contracts. Sec. 3049. Acceptance of defective performance of contract for sale of realty. Sec. 3050. Acceptance of property delivered as performance - Intended as waiver. Sec. 3051. Acceptance of property not intended as waiver. Sec. 3052. Waiver of provisions as to time of performance - General principles. Sec. 3053. Waiver of provisions as to time of performance - Specific illustrations Sec. 3054. Delay caused by party not in default, or assented to by him. Sec. 3055. When performance is due after waiver of provisions as to time. Sec. 3056. Waiver of provisions as to payment. Sec. 3057. Arbitrary refusal, or assignment of ground as waiver of breach caused thereby. Sec. 3058. Arbitrary refusal, or assignment of ground, held not to be waiver of breach not caused thereby.
Sec. 3059. Arbitrary refusal, or assignment of ground, held to be waiver of breach not caused thereby. Sec. 3060. Effect of election to treat as in force. Sec. 3061. Waiver as to third persons.
C. Waiver of Breach as Right of Action fob Damages Sec. 3062. Waiver of damages by new contract.
Sec. 3063. Waiver Of Damages By Acceptance Of Performance Different In Kind, Sec. 3064
Waiver of damages by estoppel. Sec. 3065. Knowledge of breach necessary.
Sec. 3066. Acceptance of performance defective in quality held not to waive damages. Sec. 3067. Acceptance of performance defective in quantity held not to waiva damages. Sec. 3068. Acceptance under practical compulsion. Sec. 3069. Waiver of damages treated as question of fact. Sec. 3070. Theory that gratuitous waiver of breach as discharge is waiver of damages. Sec. 3071. Gratuitous waiver of right of action.
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