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.
Sec. 2962. Intention of parties.
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. 2968. Concurrent covenants - Necessity of formal tender.
Sec. 2970. Concurrent covenants - Necessity of readiness and willingness to per-form and demand for performance.
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.
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.
Sec. 2994. Entire and severable contracts - Nature and definition.
Sec. 2996. Entire and severable contracts - Importance of distinction - Cases involving breach.
Sec. 2997. General principles of construction applicable.
Sec. 2999. Inference arising from use of one or more instruments.
Sec. 3001. Effect of inconsistent provisions.
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. 3012. Failure of buyer to pay instalment due - Thecry that contract is not discharged.
Sec. 3014. Refusal of buyer to accept instalment.
Sec. 3016. Other effects of nonpayment by buyer.
Sec. 3017. Failure of seller to deliver instalment.
Sec. 3018. Effect of uniform sales act.
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.
Sec. 3038. Waiver as election.
Sec. 3030. Delay as waiver.
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.
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
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.