RESTATEMENT (SECOND) OF CONTRACTS

CHAPTER 1

§ 38. Rejection of Offer by Counter-Offer (Restatement First)

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§ 40. Time When Rejection or Counter-offer Terminates the Power of Acceptance

§ 84. Promi to Perform a Duty in Spite of Non-occurrence of a Condition

§ 359. Effect of Adequacy of Damages

§ 360. Factors Affecting Adequacy of Damages

§ 370. Requirement That Benefit Be Conferred

§ 371. Measure of Restitution Interest

§ 373. Restitution When Other Party Is in Breach

(a) he is unable to understand in a reasonable manner the nature and

conquences of the transaction, or

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(b) he is unable to act in a reasonable manner in relation to the transaction.

CHAPTER 3

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§ 53. Acceptance by Performance; Manifestation of Intention Not to

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(a) Where an offeree takes the benefit of offered rvices with reasonable

opportunity to reject them and reason to know that they were offered with the

expectation of compensation.

(b) Where the offeror has stated or given the offeree reason to understand

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(b) is made irrevocable by statute.

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(2) When a statute provides in effect that a written contract or instrument is

binding without consideration or that lack of consideration is an affirmative defen to

(d) the reasonableness of the action or forbearance;

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(e) the extent to which the action of forbearance was foreeable by the

promisor.

§ 155. When Mistake of Both Parties as to Written Expression

justifies Reformation

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Where a writing that evidences or embodies an agreement in whole or in part

§ 162. When a Misreprentation Is Fraudulent or Material

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(2) If a party's manifestation of asnt is induced by undue influence by the other

party, the contract is voidable by the victim.

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(c) the other party is similarly a member of a class protected against the

class to which the first party belongs.

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§ 227. Standards of Preference with Regard to Conditions

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(c) the extent to which the party failing to perform or to offer to perform will

suffer forfeiture;

(d) the likelihood that the party failing to perform or to offer to perform will

cure his failure, taking account of all the circumstances including any

§ 250. When a Statement or an Act Is a Repudiation

A repudiation is

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(a) a statement by the obligor to the obligee indicating that the obligor will

commit a breach that would of itlf give the obligee a claim for damages for

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(2) The effect of events other than a statement as constituting a repudiation

under § 250 or the basis for a repudiation under § 251 is nullified if, to the knowledge

of the injured party, tho events have cead to exist before he materially changes

§ 266. Existing Impracticability or Frustration

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(3) A contract not to sue one co-obligor bars levy of execution on the property of

the promie during the agreed time but does not bar an action or the recovery of

judgment against any co-obligor.

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(3) Any consideration received by the obligee for discharge of one promisor

discharges the duty of each other promisor of the same performance to the extent of

the amount or value received. An agreement to the contrary is not effective unless it

is made with a surety and expressly prerves the duty of his principal.

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(3) Such a power terminates when the beneficiary, before he receives notification

of the discharge or modification, materially changes his position in justifiable reliance

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§ 347. Measure of Damages in General

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Subject to the limitations stated in §§ 350-53, the injured party has a right to

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§ 359. Effect of Adequacy of Damages