CHAPTER 17

BENEFICIARIES TO CONTRACTS

§ 145. General statement.

§ 146. Incidental beneficiary cannot sue.

$147. Beneficiary may sue when

§ 151.

Power to assign contractual rights accompanied with

personal confidence or liability.

§ 152.

Contractual rights to be acquired in future not assign-

able.

§ 158. Duty not to interfere with contract rights.

§ 159. Contract for indefinite period.

§ 160. Prevention of future contracts.

§ 162.

164.

PART IV

DISCHARGE OF CONTRACTS

CHAPTER 20

DISCHARGE BY PERFORMANCE, TENDER AND BREACH

Meaning of phrase discharge of contracts.

Of the performance which will discharge contracts.

Contracts to be performed to satisfaction.

$161.

$163.

To what contract performance relates.

Anticipatory breach.

Of performance which will not discharge and breach.

Effect of acceptance of insufficient performance.

Performance or tender as condition precedent.

Breach of one part of several contract.

CHAPTER 21

DISCHARGE OF CONTRACTS BY OTHER MEANS THAN PERFORMANCE

OR BREACH

§ 170. Discharge by impossibility of performance.

$171. Discharge by alteration of written instrument.

§ 172. Discharge by novation.

$173. Discharge by merger.

$174. Discharge by agreement.

§ 175. Discharge in bankruptcy.

$176. Discharge by statute of limitations.

§ 177. In general.

CHAPTER 22

REMEDIES OF THE PARTIES

A. Actions for Damages

§ 178. Kinds of damages in contract cases.

$179. Rule for computing damages in contract cases.

B. Bill for Specific Performance

§ 180. General rule.

§ 181. Contracts for sale of real estate.

$182. Contracts for sale of personal property.

$183. Contracts for personal services.

C. Bill for Injunction

§ 184. When court will enjoin breach of contract.

DIVISION C

PRINCIPAL AND AGENT

PART I

NATURE AND FORMATION OF AGENCY

CHAPTER 23

DEFINITIONS

§ 185. Nature of agency.

§ 186. The responsibility of the principal or master.

§ 187. The principal and agent as one person.

§ 188. Kinds of agencies.

CHAPTER 24

CAPACITY OF PARTIES AND POWER OF DELEGATION

§ 189.

In general.

A.

§ 190.

Power to Be Principal or Agent as Dependent Upon

Capacity to Contract

General rule as power to be principal.

191. Minors as principals.

B. Power to Be Principal or Agent as Dependent Upon Nature

of Act Involved

§ 194. Appointment of agent for illegal purpose.

§ 195. Acts not delegable because general public policy forbids.

196. Personal duties imposed by contract not delegable.

CHAPTER 25

THE APPOINTMENT OF THE AGENT

A. Authorization by Act of Party

$197. In general.

$198. Formalities required in appointment of agent.

199. Elements essential in appointment of agent.

B. Authority Conferred by Law

§ 200. In general.

201. Authority of wife to bind husband.

§ 202. Authority of child to bind parent.

203. Statutory liability for family expenses.

CHAPTER 26

AUTHORIZATION BY RATIFICATION

A. Definitions and Essentials

§ 204. Meaning of ratification.

§ 205. Essentials of ratification.

B. What Constitutes Ratification

§ 206. Express ratification.

§ 207. Silence as ratification.

§ 208. Ratification by receiving benefits.

§ 209. Ratification by bringing suit.

C. Results of Ratification

§ 210. Ratification cures original defect.

$211. Ratification irrevocable.

PART II

THE DUTIES AND LIABILITIES ARISING OUT OF

AGENCY

CHAPTER 27

THE DUTIES AND LIABILITIES OF THE PRINCIPAL TO THE AGENT

§ 216.

§ 215.

contract.

Agent's right of compensation where he abandons serv

ice without his own fault.

Agent's right to compensation where guilty of breach of

CHAPTER 28

THE DUTIES AND LIABILITIES OF THE AGENT TO THE PRINCIPAL

A. The Agent's Obligation of Good Faith

§ 217. Duty of agent to use good faith. General rule.

$218. Agent cannot secretly represent both parties.

§ 219. Agent cannot buy from, or sell to, self.

§ 220. Agent cannot take secret profits and benefits.

B.

§ 221.

§ 222.

§223.

§ 224.

Duty to Obey Instructions, to Use Care and Skill, etc.

Duty of agent to obey instructions.

Duty of agent to use care and skill.

Agent's duty of personal performance.

Whether agent is selected to perform or to obtain agent

to perform.

§ 225. Same subject applied to collections by banks.

C. Liability of Agent to Principal for Default of Third

Person

CHAPTER 29

THE DUTIES AND LIABILITIES IN CONTRACT OF A DISCLOSED

PRINCIPAL (THE AGENT'S AUTHORITY)

228. General rule.

$229.

Unauthorized assertions by agent of his authority.

§ 230. Implied and apparent authority distinguished.

Implied and apparent authority in general and special

agencies.

§ 231.

§ 232.

§ 233.

§ 234.

§ 235.

§ 236.

§ 237.

§ 238.

§ 239.

Construction of special appointments.

Implied and apparent power of agent to borrow money.

Implied and apparent power of agent to bind principal

upon commercial paper.

Implied and apparent power of agent to sell personal

property.

Implied and apparent power of agent who has indicia of

title to sell goods.

Implied and apparent power of selling agent to receive

payment.

Implied and apparent authority of selling agent to ex-

tend credit on sales.

Implied and apparent power of buying agent to buy on

credit.

§ 240. Implied and apparent power to warrant.

241. Admissions of agent.

242. Authority of agent to receive notice.

CHAPTER 30

UNDISCLOSED PRINCIPALS

§ 243. General rule.

§ 244.

245.

First exception to rule.

Second exception to rule.

$246. Third exception to rule.

§ 247. Fourth exception to rule.

§ 248. Where alleged undisclosed principal had not conferred

authority.

$249. Undisclosed principal's right to hold third person.

§ 250.

CHAPTER 31

PRINCIPAL'S LIABILITY FOR TORTS OF AGENT

Authorized torts.

§ 251. Ratified torts.

252. Liability for torts within scope of authority.

253. What torts within scope of authority.