Contracts |
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Page 236
... accord with the facts . Second , the assertion must be either fraudulent or material . Third , the assertion must be relied on by the recipient in manifesting his assent . Fourth , the reliance of the recipient must be justified ...
... accord with the facts . Second , the assertion must be either fraudulent or material . Third , the assertion must be relied on by the recipient in manifesting his assent . Fourth , the reliance of the recipient must be justified ...
Page 285
... accord , rather than a substituted contract . An accord is a contract under which the obligee promises to accept a stated perfor- mance in satisfaction of the obligor's existing duty . If , for example , a creditor promises to take the ...
... accord , rather than a substituted contract . An accord is a contract under which the obligee promises to accept a stated perfor- mance in satisfaction of the obligor's existing duty . If , for example , a creditor promises to take the ...
Page 286
... accord or a substituted contract is a question of interpretation , subject to the general rules that apply to such ques- tions.10 In resolving doubts in this regard , a court will be less likely to suppose that an obligee was willing to ...
... accord or a substituted contract is a question of interpretation , subject to the general rules that apply to such ques- tions.10 In resolving doubts in this regard , a court will be less likely to suppose that an obligee was willing to ...
Contents
Contracts and Contract Law in General | 3 |
B The Development of a Basis for Enforcing Promises | 10 |
ENFORCEABILITY OF PROMISES | 13 |
Copyright | |
39 other sections not shown
Common terms and phrases
2d Cir 5th Cir acceptance action agreed agreement anticipatory repudiation apply assent assignment assumpsit avoid bargain beneficiary benefit breach builder buyer claim clause common law condition consideration Constr contract law contractor Corbin Corp court creditor damages debt delivery discharge discussed doctrine duress duty effect employee enforceable equity example exchange excused fact failure faith ground infra injured party intended interpretation involved land language lease liability limited mailbox rule meaning ment Minn misrepresentation mistake mortgage negotiations obligation obligor offer offeree offeror oral owner parol evidence rule party's payment performance power of acceptance promise to pay promisor purchase reasonable recover recovery reformation refused reliance repudiation requirement Restatement Second restitution result revocation risk seller situation statute of frauds subcontractor Supp supra note suretyship terminate text at note tion tort transaction unconscionable unenforceable Uniform Commercial Code warranty Williston writing