THE

LAW OF CONTRACTS

BY

SAMUEL WILLISTON, LL.D.

DANE PROFESSOR OF LAW IN HARVARD UNIVERSITY

IN FOUR VOLUMES

VOLUME I

NEW YORK

BAKER, VOORHIS & CO.

1920

TABLE OF CONTENTS

VOLUME I

INTRODUCTORY

CHAPTER I

DEFINITION OF TERMS

[References are to sections]

Contract...

Agreement.

Express and implied contracts; quasi-contracts.

Formal contracts...

Contracts under seal.

Recognizance...

Negotiable instruments..

Real contracts.

Account.

Detinue.

Debt....

Simple or parol contracts..

Bilateral and unilateral contracts;-Bifactoral and unifactoral obligation.

Executed and executory contracts...

Void and voidable contracts...

Unenforceable contracts...

BOOK I

FORMATION OF CONTRACTS

CHAPTER II

REQUISITES OF SIMPLE CONTRACTS

Simple contracts the typical kind. . . . .

Requirements for the formation of a simple contract.

Legality of contract. . . . .

Genuineness of consent..

Intent to contract..

Section

1

2

3

4

5

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

[References are to sections]

CHAPTER III

MAKING OF OFFERS

*.tual assent must be expressed...

Asent may be expressed by acts.

Mual assent is expressed ordinarily by an offer and an acceptance.

Section

22

22a

23

quirements of a promise..

Affer is a promise...

24

25

gations imposed by law without assent distinguished.

whole consideration must be given after knowledge of the offer.

Iession of intention is not an offer...

offer distinguished from preliminary negotiations:

Agements preliminary to written contracts..

ination of contracts at auction...

Ctracts preliminary to auction sales..

Teders......

Ceral offers::.

offer must be communicated; Rewards...

An offer by mail must be received...

Negligent appearance of assent may bind the parties though the actual offer

26

27

28

29

30

31

32

32a

33

33a

34

ffer when accepted must be capable of creating a definite obligation... 37

Ors and agreements indefinite as to time!....

38

(s and agreements of service indefinite as to time.

39

rs and agreements defining incompletely the time of performance.

40

Cries and agreements indefinite as to price...

41

tees and agreements indefinite as to work or property to be given..

ers and agreements where the promisor retains an option....

**ers and agreements in which the promisee is given an option.

ders and agreements where something is reserved for future determination

aliscellaneous indefinite promises....

A promise is not too indefinite if it can be made certain by reference to outside

atters.....

A contract is enforceable though subsidiary promises are too indefinite...

effect of part performance upon indefinite promises. . . .

[References are to sections]

Se

Expiration of time stated in the offer.

Expiration of a reasonable time..

Revocation.....

Revocation is not effectual until communicated..

Indirect communication of revocation....

Revocation of offer contemplating a series of performances.

Revocation of general offer....

Revocation of offers for unilateral contracts.

Whether refusal of tendered performance prevents unilateral contract..

When offers are irrevocable...

Termination of offers by death or insanity.

Effect of delay in the delivery of the offer.

CHAPTER V

ACCEPTANCE OF OFFERS

Necessity of acceptance....

Difference between acceptance in unilateral and bilateral contracts.

Intention to accept is unimportant except as expressed. . . .

An intention not to accept may prevent the formation of a contract whe

words or acts are ambiguous...

Acceptance of unilateral contracts where the offeror is the promisor, needs

communication....

Communication may be necessary to acceptance of unilateral cc atracts Wa

the act requested is peculiarly within the knowledge of the promis e.

True reason for requiring notice of acceptance of guaranty....

Notice of allotment of shares.....

Acceptance in bilateral contracts requires communication.

Acceptance in u ilateral contracts where the offeree is the promise",

communication.....

Acceptance must be unequivocal..

Acceptance must comply with the terms of the offer..

Illustrations in cases of offered rewards...

Illustrations in other cases than offers of reward...

If an offer prescribes the place, time, or manner of acceptance, its terms m

be complied with.....

Qualified or conditional acceptances are counter-offers and reject the origina

offer.....

Conditions in an acceptance which do not qualify in legal effect the offer, }

not impair the acceptance...

Added terms requested as a favor do not invalidate an acceptance....

An offer can be accepted only by the person or persons to whom it is made..

Acceptance in contracts by correspondence may be completed by mailing an

acceptance....

Acceptance in contracts by telegraph or telephone may be complete by dur

patching a message.