"Contract of guarantee", "surety", "principal debtor" and "creditor"
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12
Consideration for guarantee
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12
Surety's liability
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12
Continuing guarantee
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12
What is a sound mind for the purposes of contracting
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13
Revocation of continuing guarantee
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13
Revocation of continuing guarantee by surety's death
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13
Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other's default
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13
Discharge of surety by variance in terms of contract
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13
Discharge of surety by release or discharge of principal debtor
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13
Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
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13
Surety not discharged when agreement made with third person to give time to principal debtor
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13
Creditor's forbearance to sue does not discharge surety
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13
Release of one co-surety does not discharge others
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13
Discharge of surety by creditor's act or omission impairing surety's eventual remedy
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13
Consent defined
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14
Rights of surety on payment or performance
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14
Surety's right to benefit of creditor's securities
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14
Guarantee obtained by misrepresentation, invalid
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14
Guarantee obtained by concealment, invalid
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14
Guarantee on contract that creditor shall not act on it until co-surety joins
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14
Implied promise to indemnify surety
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14
Co-sureties liable to contribute equally
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14
Liability of co-sureties bound in different sums
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14
"Bailment", "bailor" and "bailee" defined
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14
Delivery to bailee how made
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14
Free consent defined
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15
Bailor's duty to disclose faults in goods bailed
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15
Care
to be taken by bailee
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15
Bailee when not liable for loss, etc, of thing bailed
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15
Termination of bailment by bailee's act inconsistent with conditions
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15
Liability of bailee making unauthorized use of goods bailed
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15
Effect of mixture with bailor's consent, of his goods with bailee's
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15
Effect of mixture, without bailor's consent, when the goods can be separated
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15
Effect of mixture, without bailor's consent, when the goods cannot be separated
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15
Repayment, by bailor, of necessary expenses
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15
Restoration of goods lent gratuitously
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15
Sending copy of notice to Marriage Registrar when one party is a minor
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15
Coercion defined
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16
Return of goods bailed, on expiration of time or accomplishment of purpose
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16
Bailee's responsibility when goods are not duly returned
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16
Termination of gratuitous bailment by death
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16
Bailer entitled to increase or profit from goods bailed
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16
Bailor's responsibility to bailee
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16
Bailment by several joint owners
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16
Bailee not responsible on redelivery to bailor without title
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16
Right of third person claiming goods bailed
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16
Right of finder of goods may sue for specified reward offered
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16
When finder of thing commonly on sale may sell it
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16
Undue influence defined
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17
Bailee's particular lien
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17
General lien of bankers, factors, wharfingers, attorneys and policy brokers
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17
"Pledge", "pawnor", and "pawnee" defined
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17
Pawnee's right of retainer
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17
Pawnee
not to retain for debt or promise other than that for which goods pledged-Presumption in case of subsequent advances
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17
Pawnee's right as to extraordinary expenses incurred
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17
Pawnee's right where pawnor makes default
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17
Defaulting pawnor's right to redeem
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17
Pledge by person in possession under voidable contract
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17
Pledge where pawnor has only a limited interest
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17
Fraud defined
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18
Pledge by mercantile agent
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18
Suit by bailor or bailee against wrong-doer
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18
Appointment of relief or compensation obtained by such suits
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18
"Agent" and "principal" defined or to represent another
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18
Who
may employ agent
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18
Who
may be an agent
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18
Consideration not necessary
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18
Agent's authority may be express or implied
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18
Definitions of express and implied authority
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18
Extent of agent's authority
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18
Agent's authority in an emergency
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18
Misrepresentation defined
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19
When agent cannot delegate
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19
"Sub-agent" defined
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19
Representation of principal by sub-agent properly appointed
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19
Agent's responsibility for sub-agent appointed without authority
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19
Relation between principal and person duly appointed by agent to act in business of agency
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19
Agent's duty in naming such person
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19
Right of person as to acts done for him without his authority-effect of ratification
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19
Ratification may be expressed or implied
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19
Knowledge requisite for valid ratification
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19
Effect of ratifying unauthorized act forming part of a transaction
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19
Voidability of agreements without free consent
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19A
Power to set aside contract induced by undue influence
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2
Interpretation-clause
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20
Ratification of unauthorized act cannot injure third person
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20
Termination of agency
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20
Termination of agency, where agent has an interest in subject-matter
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20
When
principal may revoke agent's authority
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20
Revocation where authority has been partly exercised
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20
Compensation for revocation by principal, or renunciation by agent
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20
Notice of revocation or renunciation
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20
Revocation and renunciation may be expressed or implied
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20
When
termination of agent's authority takes effect as to agent, and as to third persons
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20
Agent's duty on termination of agency by principal's death or insanity
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20
Agreement void where both parties are under mistake as to matter of fact
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21
Termination of sub-agent's authority
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21
Agent's duty in conducting principal's business
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21
Skill and diligence required from agent
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21
Agent's accounts
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21
Agent's, duty to communicate with principal
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21
Right of principal when agent deals, on his own account, in business of agency without principal's consent
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21
Principal's right to benefit gained by agent dealing on his own account in business of agency
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21
Agent's right of retainer out of sums received on principal's account
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21
Agent's duty to pay sums received for principal
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21
When
agent's remuneration becomes due
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21
Effect of mistakes as to law
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22
Agent not entitled to remuneration for business misconducted
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22
Agent's lien on principal's property
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22
Agent to be indemnified against consequences of lawful acts
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22
Agent to be indemnified against consequences of acts done in good faith
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22
Non-liability of employer of agent to do a criminal act
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22
Compensation to agent for injury caused by principal's neglect
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22
Enforcement and consequences of agent's contract
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22
Principal how far bound, when agent exceeds authority
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22
Principal not bound when excess of agent's authority is not separable
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22
Contract caused by mistake of one party as to matter of fact
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229
Consequences of notice given to agent
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23
Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
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23
Right of parties to a contract made by agent not disclosed
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23
Performance of contract with agent supposed to be principal
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23
Right of person dealing with agent personally liable
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23
Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
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23
Liability of pretended agent
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23
Person falsely contracting as agent, not entitled to performance
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23
Liability of principal inducing belief that agent's unauthorized acts were authorized
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23
Effect, on agreement, of misrepresentation or fraud by agent
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23
What consideration and objects are lawful, and what not
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24
Agreements void, if considerations and objects unlawful in part
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25
Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law
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26
Agreement in restraint of marriage, void
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27
Agreement in restraint of trade, void
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28
Agreements in restraint of legal proceedings, void
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29
Agreements void for uncertainty
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3
Communication, acceptance and revocation of proposals
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30
Agreements by way of wager, void
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31
"Contingent contract" defined
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32
Enforcement of contracts contingent on an event happening
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33
Enforcement of contract contingent on an event not happening
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34
When
event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
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35
When contracts become void, which are contingent on happening of specified event within fixed time
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36
Agreements contingent on impossible events, void
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37
Obligations of parties to contracts
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38
Effect of refusal to accept offer of performance
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39
Effect of refusal of party to perform promise wholly
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4
Communication when complete
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40
Person by whom promise is to be performed
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41
Effect of accepting performance from third person
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42
Devolution of joint liabilities
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43
Any one of joint promisors may be compelled to perform
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44
Effect of release of one joint promisor
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45
Devolution of joint rights
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46
Time
for performance of promise, where no application is to be made and no time is specified
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47
Time
and place for performance of promise, where time is specified and no application to be made
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48
Application for performance on certain day to be at proper time and place
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5
Revocation of proposals and acceptances
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50
Performance, in manner or at time prescribed or sanctioned by promisee
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51
Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
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52
Order of performance of reciprocal promises
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53
Liability of party preventing event on which contract is to take effect
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54
Effect of default as to the promise which should be performed, in contract consisting of reciprocal promises
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55
Effect of failure to perform at fixed time, in contract in which time is essential
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56
Agreement to do impossible act
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57
Reciprocal promise to do things legal, and also other things illegal
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58
Alterative promise, one branch being illegal
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59
Application of payment where debt to be discharged is indicated
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6
Revocation how made
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60
Application of payment where debt to be discharged is not indicated
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61
Application of payment where neither party appropriates
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62
Effect of novation, rescission, and alteration of contract
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63
Promise may dispense with or remit performance of promise
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64
Consequence of rescission of a voidable contract
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65
Obligation of person who has received advantage under void agreement, or contract that becomes void
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66
Mode
of communicating or revoking rescission of voidable contract
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67
Effect of neglect of promisee to afford promisor reasonable facilities for performance
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7
Acceptance must be absolute
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70
Obligation of person enjoying benefit of non-gratuitous act
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71
Responsibility of finder of goods
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72
Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
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73
Compensation of loss or damage caused by breach of contract
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74
Compensation for breach of contract where penalty stipulated for
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75
Party
rightfully rescinding contract, entitled to compensation
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8
Acceptance by performing conditions, or receiving consideration
