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Corbin on Texas Contracts is a unique and indispensable resource for Texas attorneys that presents a comprehensive explanation of the law of contracts in Texas, supported by ample citations to, and discussions about, pertinent judicial authorities applying Texas law, as well as pertinent statutory law.
Publisher: Matthew Bender
Corbin on Texas Contracts is a unique and indispensable resource for Texas attorneys. The treatise presents a comprehensive explanation of the law of contracts in Texas, supported by ample citations to, and discussions about, pertinent judicial authorities applying Texas law, as well as pertinent statutory law.
The treatise also highlights the ways that Texas law differs from the law of other states. This volume provides effective, efficient, accurate, and current analysis of the tenets of the law of Texas contracts. It is written so that the user can easily reference the multi-volume Corbin on Contracts treatise, the authoritative legal treatise relied on by courts in resolving contract disputes.
Corbin on Texas Contracts examines, along with a wide array of important topics, these key aspects of Texas law:
• Texas is in the minority of jurisdictions in declining to imply the duty of good faith and fair dealing to all contracts. Texas applies the concept only to certain kinds of contracts, but not to contracts in general.
• While there is a trend in the United States in favor of recognizing causes of action for breach of a contract to negotiate, Texas does not recognize the legal validity of agreements to negotiate in good faith.
• Texas is among the states that indirectly eliminated seals by abolishing common-law distinctions between sealed and unsealed contracts.
• In the battle of the forms, Texas is undecided on the “knockout” rule, which decides what happens to “different” boilerplate terms when contracts are formed by the exchange of forms.
• Texas is among the states that refuse to enforce Mary Carter agreements because they are against public policy.
• Although an oral promise to give land is generally unenforceable, there is an exception in Texas to the general rule. A valid parol gift of real estate can be established by showing a present gift; possession by the donee with the donor's consent; and permanent and valuable improvements by the donee.
This volume provides effective, efficient, accurate, and current analysis of the tenets of the law of Texas contracts.
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Chapter 1 Preliminary Definitions
Chapter 2 Offers: Creation and Duration of Powers of Acceptance
Chapter 3 Acceptance and Rejection of offer
Chapter 4 Indefiniteness and Mistake in Expression
Chapter 5 Consideration
Chapter 6 Consideration—Mutuality of Obligation—Requirement and Output Contracts—Effect of Option
Chapter 7 Consideration—Effect of Pre-Existing Duty
Chapter 8 Reliance on a Promise as a Gound for Enforcement: Promissory Estoppel
Chapter 9 Past Consideration and Moral Obligation
Chapter 10 Contracts Under Seal, Recognizances, Negotiable Instruments, Letters of Credit
Chapter 11 Option Contracts and Rights of First Refusal
Chapter 12 History and Legal Operation of the Statute of Frauds
Chapter 13 Statute of Frauds—Oral Variation or Rescission—Contracts Partly Within
Chapter 14 Manner of Raising Defenses—Restitution and Reformation
Chapter 15 Statute of Frauds—Debts of Another—Suretyship and Guaranty
Chapter 16 Debts of Another—Leading Object Rule—Indemnity Contracts
Chapter 17 Statute of Frauds—Interests in Land
Chapter 18 Interests in Land—Effect of Part Performance of Oral Contract
Chapter 19 Statute of Frauds—Contracts Not Performable Within One Year
Chapter 20 Statute of Frauds—Contracts in Consideration of Marriage
Chapter 21 Statute of Frauds—Contracts for the Sale of Goods
Chapter 22 Substance of the Memorandum—Nature and Contents
Chapter 23 Formal Requirements—Writing—Record—Signature—Oral Evidence
Chapter 24 Interpretation of Contracts
Chapter 25 The “Parol Evidence Rule”
Chapter 26 Implied Terms, Default Rules, and the Concept of Good Faith
Chapter 27 Capacity of Parties
Chapter 28 Avoidance or Reformation for Misconduct or Mistake
Chapter 29 Unconscionability and the Duty to Read
Chapter 30 Definitions and Terminology—Conditions Classified
Chapter 31 Express Conditions—and Promises
Chapter 32 Constructive Conditions
Chapter 33 Constructive Conditions in Contracts for the Sale of Goods
Chapter 34 Constructive Conditions in Service Contracts, Charter Parties, and Leases
Chapter 35 Conditions in Installment Contracts
Chapter 36 Character and Effect of Substantia Performance
Chapter 37 Condition of Performance on Time—Condition of Notice
Chapter 38 Aleatory Contracts
Chapter 39 Condition Subsequent—Analysis—Pleading and Burden of Proof
Chapter 40 Elimination of Conditions by Waiver or Prevention
Chapter 41 Third-Party Beneficiaries
Chapter 42 Assignments
Chapter 43 Joint and Several Contracts
Chapter 44 Varieties of Breaches of Contracts—Total and Partial Breaches
Chapter 45 Breach of Contract by Anticipatory Repudiation
Chapter 46 Purpose and Extent of Damages—Causation, Compensation, and Value
Chapter 47 Foreseeability—Anticipated Profits—Degrees of Uncertainty
Chapter 48 Alternative Measures—Expenditures—Avoidable Consequences—Interest—Anticipatory Repudiation
Chapter 49 Liquidated Damages and Penalties
Chapter 50 Damages for Mental Suffering—Punitive Damages—Lending Money—Alternative Contracts—Contracts for the Benefit of a Third Person
Chapter 51 Damages: Building and Employment Contracts; Sale of Land and Sale of Goods; Contracts Under the UCC
Chapter 52 General Requirements for Obtaining Restitution
Chapter 53 Restitution in Favor of a Plaintiff in Default
Chapter 54 Adequacy of Remedies Other Than Specific Performance
Chapter 55 Reasons for Denying Specific Enforcement
Chapter 56 Mutuality of Remedy—Negative Contracts—Liquidated Damages
Chapter 57 Election of Remedies
Chapter 58 Discharge of Contract: Performance, Tender, Rescission, Release, Gift, Surrender, Cancellation, Contract Not To Sue
Chapter 59 Discharge by Nonperformance of Condition—Breach—Failure of Consideration—Prevention—Power Reserved—Condition Subsequent
Chapter 60 Legal Operation of an Executory Accord
Chapter 61 Accord and Satisfaction
Chapter 62 Substituted Contract and Novation
Chapter 63 Account Stated
Chapter 64 Specialties—Alteration—Judgment—Award—Claim Preclusion
Chapter 65 Impossibility of Performance—Personal Inability
Chapter 66 Death or Destruction of Specific Things—Prorating Supply
Chapter 67 Legal Prohibition—Government Prohibition and Exigencies of War
Chapter 68 Discharge by Frustration of Purpose
Chapter 69 Impossibility of Performance of a Condition; Remedy of Restitution
Chapter 70 Contracts Contrary to Public Policy
Chapter 71 Contracts in Restraint of Competition
Chapter 72 Contracts Involving Familial Relationships
Chapter 73 Sunday Contracts
Chapter 74 Bargains Harmful to the Administration of Justice
Chapter 75 Bargains Harmful to Public or Performance of Fiduciary Duty
Chapter 76 Bargains to Defraud or Otherwise Injure Third Persons
Chapter 77 Wagering Bargains
Chapter 78 Usury Bargains
Chapter 79 Miscellaneous Bargains Contrary to Public Policy
Chapter 80 Effects of Being Contrary to Public Policy—Availability of Restitution