Law of restitution

by George E. Palmer

Book, c1978

Status

Available

Call number

KF1244 .P34

LCC

KF1244 .P34

Barcode

2000002663

Publication

Boston : Little, Brown and Company

Physical description

541 p.; 24 cm

Local notes

Law of restitution volume 3 contents: Ch. 13 - Mistake in expression or integration. §13.1 - Introduction. §13.2 - An antecedent agreement in not necessary. §13.3 - Nature of the required mistake: mistake as to the language used, or as to its meaning, or as to its legal effect. §13.4: Search for the agreement that provides the standard for reformation. §13.5: Mutual and unilateral mistake. §13.6: Insurance contracts. §13.7: Confusing mistake in expression with its cause. §13.8: Reformation where the mistake of one party is known to the other. §13.9: The uses of reformation outside the limits of general theory. §13.10: Reformation and the parol evidence rule. §13.11: The roles of law and equity. §13.12: Standard of proof in reformation actions. §13.13: Statute of frauds: reformation of executory contracts. §13.14: Statute of frauds: reformation of deeds. §13.15: Statute of frauds: reformation of a memorandum. §13.16: The relation between reformation and rescission. §13.17: The relation between reformation and constructive trust. §13.18: Rights and liabilities of successors in interest. §13.19: Contracts for the benefit of a third person. Ch. 14 - Mistake in performance and related problems. §14.1: Introduction. §14.2: The scope of mistake in performance. §14.3: Remedies. §14.4: Unilateral and mutual mistake. §14.5: Relative importance of the mistake. §14.6: Nature of the mistake: collateral fact. §14.7: The effect of doubt. §14.8: Money payments not owed. §14.9: Performance in ignorance of a defense or a ground for avoidance of liability. §14.10: Insurance contracts: general. §14.11: Insurance contracts: mistaken belief that the loss has occurred. §14.12: Insurance contracts: mistake as to the scope or conditions of coverage. §14.13: Insurance contracts: erroneous computation of paid-up or extended insurance. §14.14: Insurance contracts: performance in ignorance of a ground for avoidance. §14.15: Mistake as to the existence of a contract. §14.16: Mistake as to the authority of a purported agent of the defendant, and related problems. §14.17: Mistaken performance of another's obligation. §14.18: Mistaken payment of a mortgage or similar charge on another's property. §4.19: Mistaken payment of anther's taxes. §14.20: Mistaken payment of taxes where there is no valid tax claim. §14.21: Mistaken distribution by a fiduciary. §14.22: Mistaken payment by a personal representative to a creditor. §14.23: Mistaken payment or transfer to the wrong person. §14.24: Mistakes relating to negotiable instruments. §14.25: Deficiency in quantity in the sale of land by the acre. §14.26: Excess quantity in the sale of land by the acre. §14.27: Mistake of law. §14.28: Denial of restitution because retention of the benefit is not inequitable. Ch. 15 - Mistake in business transactions: misunderstanding. §15.1: Introduction. §15.2: The effect of misunderstanding on contract formation: restatement of contracts. §15.3: The effect of misunderstanding on contract formation: a general view. §15.4: Misunderstanding in integrated contracts. §15.5: Misunderstanding and the use of vague language. §15.6: Misunderstanding as to a nonessential term. §15.7: Misunderstanding as a basis for rescission. §15.8: Unilateral mistake as to the contents of a writing. §15.9: Protection of the reliance interest in connection with rescission. §15.10: The use of conditional decrees and related techniques. §15.11: Measure of recovery in quasi contract. Ch. 16 - Mistake in business transactions: problems of general significance. §16.1: A summary of mutual and unilateral mistake. §16.2: Materiality of the mistake. §16.3: The effect of negligence. §16.4: Mistake of law. §16.5: The defense of bona fide purchase. §16.6: The defense of discharge for value: value given on receipt of the benefit. §16.7: The defense of discharge for value: value previously given to a third party. §16.8: Change of position as a defense. Ch. 17 - Mistake in business transactions: unsolicited benefits. §17.1: Introduction. §17.2: Mistaken performance of another's money obligation. §17.3: Mistaken payment of a mortgage or similar charge on another's property. §17.4: Mistaken payment of another's taxes. §17.5: Mistaken payment which advanced the priority of another's lien. §17.6: Mistaken improvement of another's property. §17.7: Mistaken performance of another person's obligation to provide services. Includes summary of contents, table of cases, table of statutes and subject index.

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