О овој књизи
Књиге на Google Play-у
TABLE OF CONTENTS
DEFINITIONS AND GENERAL PRINCIPLES
1. Rescission Defined.
2. In Roman and Modern Civil Law.
3. To What Classes of Obligations Rescission Applies.
4. Voidability as an Element of the Right of Rescission.
5. Rescission and Breach of Contract Distinguished.
6. Abandonment or Repudiation of Contract Distinguished.
7. Rescission and Forfeiture Distinguished.
8. Rescission by Substitution of New Contract.
9. Modification or Alteration of Contract Distinguished.
10. Effect of Novation.
11. Rescission and Reformation Distinguished.
12. Rescission as the Converse of Specific Performance.
13. Parol Rescission of Written Contract.
14. Grounds Required to Support Unilateral Rescission.
15. Statutory Grounds for Rescission.
16. Same; California, Montana, Oklahoma, North Dakota,
17. Same; Georgia.
18. Same; Alabama.
19. Same; Louisiana.
FRAUD AND FRAUDULENT CONCEALMENT
20. Fraud as Ground of Rescission in General
21. Definitions of Fraud.
22. Same; Constructive Fraud.
23. Same; Breach of Warranty Distinguished.
24. Essential Elements of Actionable Fraud.
25. Forged Instruments or Signatures.
26. Fraudulent Alteration of Instruments and Additions Thereto.
27. Fraud in Obtaining Possession of Deed.
1 BLACK RESC.
28. Substitution of One Instrument for Another.
29. Fraudulent Substitution as to Subject of Purchase.
30. Conspiracy, Bribery, and Perjury.
31. Insolvency of Purchaser and Intent Not to Pay.
32. Frauds by Agents and Other Third Persons.
33. Agent Wrongly Exceeding Authority.
34. Collusion with Agent of Other Party.
35. Intention to Deceive or Defraud.
36. Effect of Fraud in Deceiving or Tricking Party.
37. Resulting Loss or Damage to Defrauded Party.
38. Fraud Practised on Both Sides.
39. Duty of Care and Prudence to Detect Fraud.
40. Rule as to Persons Occupying Positions of Trust or Confi-
41. Same'; What Constitutes Fiduciary or Confidential Relation.
Same; Principal and Agent.
43. Same; Attorney and Client.
44. Same; Partners, Joint Owners, and Joint Purchasers.
45. Same; Parent and Child.
46. Same; Brother and Sister.
47. Same; Husband and Wife.
48. Same; Executors or Administrators and Beneficiaries.
49. Same; Physicians and Patients.
Same; Priests, Pastors, and Spiritual Advisers.
51. Same; Directors and Stockholders of Corporations.
Signing Instrument Without Reading It.
53. Same; Rule for Illiterate Persons and Foreigners.
54. Same; Defective Eyesight Excusing Failure to Read.
55. Same; Dissuading or Preventing Party from Reading.
56. Same; Misrepresenting Purport or Contents of Instrument.
57. Misreading Instrument.
58. Fraudulent Concealment of Material Facts.
59. Same; Circumstances Imposing Duty to Disclose.
60. Same; When Silence is Justifiable.
61. Caveat Emptor.
62. Concealment Coupled with Efforts to Prevent Discovery.
63. Concealment Coupled with False Representations.
64. Concealment of Latent Defects.
65. Acquiescence in Self-Deception of Other Party.
66. Concealment by Purchaser of Property.
67. Same; Concealment Accompanied by Fraud or Falsehood.
68. False Representations as Ground of Rescission in General.
69. Nature of Misrepresentations Justifying Rescission.
70. Materiality of Representations.
71. Representations as to Matters of Law.
72. Same; Law of Another State.
73. Representations Not Contemporary with Making of Con-
74. Waiver as to Representations Not Embodied in Contract.
75. Representations Made Ultra Vires.
76. Expressions of Opinion.
77. Tests for Distinguishing Expressions of Opinion from Rep-
resentations of Fact.
78. False Opinion Fraudulently Asserted.
79. Representations as to Value.
80. Same; Exceptions to Rule.
81. Same; Knowledge or Means of Estimating Value.
82. Same; One Party Possessing Exclusive or Superior Knowl-
83. Same; Facts Stated as Basis for Estimate of Value.
84. Same; Statement of Cost or Price on Previous Sale.
85. Puffing, Exaggerated Praise, “Dealers' Talk."
86. Statements as to Future Value, Profit, or Efficiency.
87. Representations as to Validity and Scope of Patents.
88. Representations as to Validity and Value of Checks, Notes,
89. Promises and Promissory Representations.
90. Same; Intention as to Performance or Non-Performance.
91. Same; Promises as to Improvement or Use of Real Property.
92. False Representations as to Agency, Authority, or Official
93. Representations by Agents and Other Third Persons.
94. Repeating Information Received from Third Persons.
95. Representations to Third Parties Communicated to Plain-
96. Representations to the General Public.
97. Representations to Commercial Agencies.
98. Representations as to Financial Ability.
99. Representations as to Financial Standing of Third Persons.
100. Falsity of Representations.
101. Ambiguous and Misleading Statements.
102. Knowledge of Falsity of Representations.
103. Same; Falsity in Express or implied Assertion of Knowl-
104. Same; Imputed or Constructive Knowledge of Falsity.
105. Same; Statements Made Recklessly Without Knowledge of
106. Same; Good Faith and Honest Belief in Statements Made.
107. Same; Reasonable Ground to Believe Statements True.
108. Intention to Deceive or Mislead.
109. Effect of Representations in Actually Deceiving Party.
110. Reliance Upon Representations.
111. Representations as Inducement to Contract.
112. Necessity of Actual Loss or Injury.
113. Duty to Investigate Truth of Representations.
114. Same; Decisions Repudiating or Modifying Rule.
115. Same; Extent of Investigation Necessary.
116. Same; Examination of Public Records.
117. Same; Constructive Notice and Facts Suggesting Inquiry.
118. Circumstances Excusing Failure to Investigate.
119. Effect of Fiduciary Relations Between the Parties.
120. One Party Possessing Special, Expert, or Technical Knowl-
121. Party Relying on His Own Investigation.
122. Investigation Prevented or Thwarted by Other Party.
123. Degree of Care and Vigilance Required.
124. Rejection of Rule Requiring Ordinary Prudence and Care.
125. Relative Situation of Parties as to Mental and Business
126. Statements Palpably False, Incredible, or Impossible.
MISTAKE, INADVERTENCE, ACCIDENT, AND SURPRISE.
127. Mistake as Ground for Rescission.
128. Mutual and Unilateral Mistakes.
129. Mistake of One Party Induced by Fraud or Artifice of Other.
130. Unilateral Mistake Known to and Taken Advantage of by
131. Mistake Attributable to party's Own Negligence or Inatten-
132. Mistake of Both Parties.
133. Mutual Ignorance of Material Facts.
134. Materiality of Mistake.
135. Mistakes of Agents.
136. Mistake in Transmission of Telegram.
137. Mistakes of Draftsmen.
138. Mistake as to Identity of Party.
139. Mistake as to Existence of Subject-Matter.
140. Mistake as to Identity of Subject-Matter.
141. Mistake as to Price or Value of Subject-Matter.
142. Errors in Computations or Estimates.
143. Mistakes as to Title.
144. Mistake as to Quantity of Land Conveyed.
146. Mistaken Expectation as to Future Events.
147. Mistake in Matter of Law.
148. Same; Mistake or Ignorance as to Party's Legal Rights.
149. Same; Mistake as to Legal Effect of Instrument.
150. Same; Mistake of Law Induced by Other Party.
151. Same; Mistake of Law as Element of Fraud.
152. Same; Mutual Mistake of Law.
153. Same; Laws of Foreign State or Country.
154. Loss or Injury Resulting from Mistake.
155. Evidence to Prove Mistake.
156. Accident or Surprise as Ground for Reliet.
WANT OR FAILURE OF CONSIDERATION
157. Original Want of Consideration.
158. Failure of Consideration.
159. Partial Failure of Consideration.
160. Failure of Consideration from Impossibility of Performance.
161. Failure of Consideration Resulting from Operation of Law
or from Change in the Law.
162. Instrument Becoming Functus Officio by Performance of
163. Same; Payment or Discharge of Obligation.
164. Depreciation in Value of Consideration.
165. Forged and Counterfeit Documents and Stolen Goods.
166. Want of Value No Ground for Rescission Where Considera-
tion is Delivered as Stipulated.
167. Chancing Bargains and Speculative Purchases.
168. Grants in Consideration of Support and Maintenance.
INADEQUACY OF CONSIDERATION
169. Right of Rescission in General.
170. Improvident Sales or Contracts.
171. Taking Unconscionable Advantage of Circumstances.
172. Inadequacy Combined with Fraud or Imposition.
173. Same; Duress; Undue Influence; Mental Weakness.
174. Catching Bargains and Sales of Expectancies and Remain-
175. Gross Inadequacy Raising Presumption of Fraud.
176. Louisiana Law; Lesion Beyond Moiety.
DEFICIENCY IN QUANTITY OR QUALITY
177. Right of Rescission in General.
178. Rule of Caveat Emptor.
179. Redhibitory Defects.
180. Deficiency in Number or Quantity of Articles Contracted
181. Defect in Quality as to Installment or Portion of Goods
182. Sales by Sample.
183. Sale "With All Faults."
184. Inspection or Testing to Determine Quality.
185. Breach of Warranty.
186. Same; Seller's Fraud or Knowledge of Unsoundness.
187. Same; Agreement for Return if Defective.
188. Same; Warranty Against Future Defect or Failure.