Index

• Author: John D. McCamus
• Pages: 1266-1286

1266

INDEX

Abatement, speci f‌ic performance with,

1118–2 5

Absurdit y, avoiding, 822–25

Acceptance of offer, 53– 88. See also

Offer and accepta nce

battle of the form s, 60–68

American appro ach, 64–68

communicat ion of acceptance, 71–88

e-commerce, 80 –88

instant aneous communicati on,

80–88

postal accept ance rule, 77–80

silence as accept ance, 72–76

continued negotiations after, 55–56

failed accept ance, 57–60

mirror im age rule, 31, 53–54, 61–62,

65– 67

overview, 53–60

counteroffers, 54–55

manner of accept ance, 57–58

timely fash ion, 58–60

shrink-wr ap agreements, 68–71

Accord and satisfaction, 278–79

Accounting of prof‌it s. See Disgorgement

of prof‌it

Acquiescence, 213, 322n68

Adhesion cont racts. See Contracts of

adhesion

Adminis tration of justice, agreement s

under mini ng, 511–19

Aff‌irmat ion of contract, 376–77

anticipator y repudiation, after, 760– 65

Agency law and th ird-party benef‌icia ry

rul e, 334 –36

Aggravated damages, 1047–48

Agreement in w riting. See Written

agreements

Agreement not to be bou nd, 120–22

Agreement of compromi se, 513, 623, 624

Agreement subject to cont ract, 37–38,

132, 134, 137, 151, 188, 642

Agreement to agre e, 107–10, 132, 153, 172

Agreement to negoti ate, 153–62, 172–73

Agreements. See also Contract s

contrary to publ ic policy. See Agree-

ments contrar y to public policy

oral agreement s. See Oral agreements

preliminary agreements. See Prelim-

inary agreements

sealed. See Se aled documents

shrink-wr ap agreements, 68–71

“subject to contract.” See Agreement

subject to contract

written agreements. See Writte n

agreements

Index 1267

Agreements cont rary to public policy.

See also Illegal cont racts

adminis tration of justice, undermi n-

ing, 511–19

agreement not to be boun d, 121–22

covenants in re straint of trade, 522–35

immoral conduct, facilitating, 506–11

marri age, undermining inst itution,

506 –11

state interest s, undermining, 519–22

statutory il legality, distinguished ,

500 –2

unlawfu l act, agreement to commit,

502–5

Ambiguity, 580–83

construction contra proferentum,

825– 27

intentions of the parties, 808–9

latent ambiguit y, 808

patent ambiguit y, 808

Antecedent agreements

contract inter pretation and, 813

mistake s in integration, 640 –49

Anti-compet itive arrangements. See

Covenants in r estraint of trade

Anticipator y breach. See Anticipatory

repudiation

Anticipator y repudiation, 746–66. See

also Repudiatory breach

elements, 750–53

overview of la w, 746–49

right to aff‌ir m, 749, 760–65

right to dis aff‌irm, 749, 753–60

Anticipator y secondary obligation,

876 –77

Appeal of contr act interpretation, 853– 60

Arbitration cl auses, 64, 473–74, 487–89,

491– 93, 514 –16

severance, 492–93

Assignme nt of contractual rights,

339–4 0

Assumptions

implied term s. See Implied terms

mistaken a ssumptions. See Mista ken

assumptions

Auctions, 48–49

withdraw al of bid, 48–49

withdraw al of item, 49

“without rese rve,” 49

Bad faith. See Goo d-faith duty

Bailment, 870

Bare promise s, 236. See also Gratuitous

promises

Bargain the ory, 233–34, 236–54. See also

Consideration doctr ine

certainty, 240–41

charit able subscriptions, 251–53

def‌inition of con sideration, 236– 40

f‌irm offers, 241–42

forbearance, 248–51

illusor y consideration, 242

implied consideration, 243– 44

manufactur ers’ warranties, 253 –54

nominal con sideration, 245–47

“peppercorn t heory,” 244–45, 254

Bargaine d-for consideration, 3, 236. See

also Bargain theory; Considera-

tion doctrine

Bargaini ng in good faith, 146–76. See

also Negotiation of contract

absence of a contract , 166–72, 173–75

agreements to ne gotiate, 153–62,

172–73

Bhasin applic ation, 158–62

certaint y of terms, 150–53

objective stand ard rule, 155–58

overview, 146–50, 172–75

tendering proce ss, 163–66, 171–72,

173

tort law, 166–72

Bargaining power, inequality. See

Inequalit y of bargaining power

Battle of the form s, 60–68

Best effort s, 112–14, 928–31

Bhasin v Hryne w, 153–62, 908 –9, 916–27

Bids

auctions. See Auctions

tenders. See Tendering process

Bilateral contracts, 33

Binding agre ements. See Contracts

Blue-pencil severa nce, 525–26, 531–32,

562, 567–72

Bona f‌ide purcha ser. See Third-party

rights

Breach of contract

anticipator y repudiation. See Antici-

patory repud iation

contractua l warranties, 785–9 8

concurrent tor t liability, 796–97