A treatise on the law of contracts

A treatise on the law of contracts volume 2 forms contents: Ch. 43 - Nonperformance excusing performance by other party. I. In general. II. Prospective nonperformance excusing performance. A. In general. B. Demand for adequate assurance of performance. C. Retraction or repudiation. Ch. 44 - Mutually dependent or independent promises. I. Mutual dependency of promises. II. Dependence or independence of covenants in real estate contracts. III. Substantial performance. Ch. 45 - Divisible or installment contracts. Ch. 46 - Conditions relating to time of performance. I. In general. II. Provisions in particular contracts. A. Sales contracts. B. Construction contracts. III. Demand for performance by specific date. IV. Hour of performance. Ch. 47 - Tender of performance as condition of imposing liability. Ch. 48 - Miscellaneous implied conditions. I. Implied obligation to use reasonable efforts. II. Implied obligation to give notice. III. Implied covenant of quiet enjoyment. IV. Implied covenant of habitability. Ch. 49 - Contracts of insurance. I. Nature, validity, and interpretation. A. Interest of beneficiaries. B. Components of policy; certificate of group insurance. II. Types of insurance. A. Overview. B. Marine insurance. C. Life insurance. D. Fire insurance. E. Motor vehicle insurance. 1. In general. 2. Comprehensive policies; effect of omnibus clause. 3. No - fault insurance. 4. Uninsured and underinsured motorist coverage. F. Aviation trip or accident insurance. III. Formation of insurance contract. A. Application, acceptance, and representations. B. Effect of insurer's delay in acting on application. C. Binders. D. Oral contracts of insurance. E. Delivery of policy. IV. Consideration in insurance contracts. A. In general; manner of payment. B. Policy loan provisions. C. Lapse for nonpayment of premium. D. Prevention of payment. E. Waiver of premium on disability. V. Policy provisions and conditions. A. In general. B. Suicide clause. C. Incontestability clause. D. Defense of insured. 1. Notice of action against insured. 2. Contesting obligation to defend. 3. Refusal to provide defense. 4. Withdrawal of attorney provided by insurer. 5. Failure to provide adequate defense. 6. Liability for failure to settle within policy limits. E. Cooperation clause. F. Notice to insurer. G. Proof of los. VI. Exclusions. A. In general. B. Intentional or criminal acts. VII. Assignment of insurance policies. A. In general. B. Life insurance policies. C. Assignment of casualty insurance policies. VIII. Cancellation or surrender of policy. IX. Reinstatement. Ch. 50 - Contracts for the sale of lease of land. I. Obligations regarding title. A. In general. 1. Obligation to furnish abstract or title insurance. 2. Obligation to tender deed. 3. Rescission and recovery of deposit upon failure to convey title as agreed. 4. Curing defects in title. B. Marketable title. C. Other descriptions of title. 1. Insurable title. 2. Title acceptable to attorney. 3. Title free from or subject to encumbrances. II. Caveat emptor, warranties and exceptions. B. Warranties and representations. III. Interest of purchaser; assignment of contract. IV. Risk of loss. V. Obligation to pay rent is leased premises are damaged. VI. Oil, gas and other mineral leases. Ch. 51 - Contracts for the sale of securities. I. Formation of contracts. A. In general. B. Conditions in tender offers. C. Sale with agreement to repurchase or option to return security. D. Stock incentive plans. II. Validity of agreements. III. Transfers. A. Indorsement or instruction. B. Rights of purchaser. IV. Registration. A. In general. B. Demand that issuer not register transfer. V. Restrictions on right of transfer. VI. Warranties. Ch. 52 - Contracts for the sale of personal property. I. Performance of sales contract. A. Duties of delivery and payment. 1. Payment. 2. Delivery. 3. Substituted performance. B. Shipment and destination contracts. 1. In general. 2. F.O.B. and F.A.S. terms. 3. Ex - ship term. 4. C.I.F. and C. & F. terms. 5. "No arrival", "no sale" term. 6. Shipment under reservation. C. Buyer's rights to inspect goods. 1. In general. 2. Time, place and manner of inspection. 3. Contract requiring payment before inspection. D. Cure of nonconforming tender or delivery. II. Risk of loss. A. In general; effect of agreement. B. Risk of loss when goods are to be shipped. C. Risk when goods are held by bailee. D. Effect of breach on risk of loss. III. Warranties. A. Introduction. 1. Privity. 2. Notice of breach of warranty. B. Express warranties. 1. In general. 2. Warranty as to future performance. 3. Affirmation of fact or promise. 4. Statements made before or after the bargain. 5. Warranty by sample or model. 6. Warranty by description. 7. Negotiation or limitation of express warranties. C. Warranty of title and against infringement. 1. In general. 2. Warranty against infringement. 3. Exclusion or modification. D. Implied warranties. 1. Merchantability. 2. Arising from course of dealing or usage of trade. 3. Fitness for a particular purpose. 4. Exclusion or modification. E. Application to particular products. 1. Food. 2. Beverages, water, and their containers. 3. Tobacco products. 4. Drugs, vaccines, and other medical products. 5. Cosmetics, personal hygiene and beauty products. 6. Household, garden or farm chemicals. 7. Clothing and textiles. 8. Motor vehicles. 9. Mobile homes. 10. Aircraft. 11. Equipment, tools and machinery. 12. Household appliances; equipment and furnishings. 13. Recreational equipment and vehicles. 14. Other products. Includes preface, Westlaw electronic research guide, forms and the 2002 forms supplement.