...Restatement (Second) of Contracts, § 302 (1979), as a guide for analysis of third party beneficiary claims in Pennsylvania. Restatement (Second) of Contracts, § 302...intended beneficiary. Restatement (Second) of Contracts § 302 (1979). Consequently, this Court in Guy concluded...asserted under the contract. Id. Appellant argues that the holding in Guy was intended to have very limited application, and that the Restatement (Second) of Contracts, § 302...

...— and can quickly turn a profitable project into a financial "black hole." See Restatement (Second) of Contracts § 87(1...conclude it." Restatement (Second) of Contracts § 24 (1981). Here, a subcontractor would understand that submitting a bid would not "conclude" the matter; rather, the general contractor would have to...to make offers. Restatement (Second) of Contracts § 26 cmt. d (1981); see also M.A. Stephen Const. Co., Inc. v. Borough of Rumson, 125 N.J.Super...

...by July 31, 1995, and (2) erroneously concluded that two provisions of the Restatement (Second) of Contracts barred his claim of anticipatory breach. We agree and reverse and remand with directions...under the agreement and dismissed Fausel's suit. The district court also concluded the case should be dismissed under Restatement (Second) of Contracts, sections 181 and 254...Agreement required performance by July 31, 1995. He also argues the court erroneously concluded that his claim was barred under sections 181 and 254 of the Restatement (Second) of Contracts. II...

...Arkansas law applies to Plaintiffs' third-party beneficiary contract claim. However, we need not now address that issue because the parties agree that both states apply the Restatement (Second)'s approach to third-party beneficiaries. A We first address Plaintiffs' third-party beneficiary theory. The common law in California and elsewhere establishes that, as recited in the applicable Restatement (Second) of Contracts: "A...to perform the promise, and the intended beneficiary may enforce the duty." Restatement (Second) of Contracts § 304 (1981). However, the Restatement also explains that a beneficiary is only "an...intended beneficiary if recognition of a right to performance in the beneficiary is appropriate to effectuate the intention of the parties. . . ." Restatement (Second) of Contracts § 302(1). Contract...

..., violate the first prong of the common law rule: it would constitute a restraint "greater than is needed to protect" these legitimate interests (Restatement [Second] of Contracts § 188[1][a..., supra, 41 N.Y.2d, at 685; Blake, op. cit., at 686-687; Restatement [Second] of Contracts § 188, commentg...agreed exchange, a court should conduct a case specific analysis, focusing on the conduct of the employer in imposing the terms of the agreement (see, Restatement [Second] of Contracts § 184...

...]; see, Restatement [Second] of Contracts § 224; see also, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 N.Y.2d 106, 112-113). Most...condition would increase the risk of forfeiture by the obligee (see, Restatement [Second] of Contracts § 227 [1]). Interpretation as a means of reducing the risk of forfeiture...cannot be employed if "the occurrence of the event as a condition is expressed in unmistakable language" (Restatement [Second] of Contracts § 229, comment a, at 185; see, § 227, comment...

.... General principles of the law of contracts teach us that if Snyder, by fraud or mistake, induced Allegheny to enter the contract on which his claim is based, it is terminable at Allegheny's option upon discovery of the fraud or mistake, unless Allegheny was itself negligent or dilatory in discovering the problem. See Restatement (Second) of...); Miller v. Bare, 457 F. Supp. 1359, 1364 (W.D.Pa. 1978) (same); Restatement (Second) of Contracts § 162. The.... 370, 381 A.2d 963, 966 (1977) (in banc); see also Restatement (Second) of Contracts § 160...

..." ( Long Is. R.R. Co. v. Northville Indus. Corp., 41 N.Y.2d 455, 463; see, I Farnsworth, Contracts § 8.20; Restatement [Second] of Contracts, § 253; U.C.C. § 2-610). A repudiation can be...affirmative act which renders the obligor unable or apparently unable to perform without such a breach" (Restatement [Second] of Contracts, § 250; see, I Farnsworth, Contracts § 8.21; Official Comment...Restatement [Second] of Contracts Section 251, 38 Drake L Rev 305, 310 [1988-89]; Dowling, A Right to Adequate Assurance of Performance in All Transactions: U.C.C. § 2-609 Beyond Sales of...

...Ill. App.3d at 601. What is consideration? Under the prevailing view, embodied in the Restatement (Second) of Contracts, consideration...is the bargained-for exchange of promises or performances, and may consist of a promise, an act or a forbearance. Restatement (Second) of Contracts § 71 (1981). Thus, a promise for...a promise is, without more, enforceable. Restatement (Second) of Contracts § 79, Comment a, at 200 (1981). In past cases, this court has recognized this basic precept, i.e., mutual...

...only necessary that loss from a breach is foreseeable and probable (see, Restatement [Second] of Contracts § 351; 3 Farnsworth, Contracts § 12.14 [2d ed 1990]). The...be determined with mathematical precision. It requires only that damages be capable of measurement based upon known reliable factors without undue speculation (see, Restatement [Second] of Contracts § 352...; 3 Farnsworth, Contracts § 12.15 [2d ed 1990]; see, Kenford I, supra, and Kenford II, supra; and see generally, Restatement [Second] of Contracts §§ 351, 352; 3 Farnsworth...

...is invited and will conclude it." Restatement (Second) of Contracts § 24. The offer creates a power of acceptance permitting the offeree by accepting the offer to transform the offer as promised into...." Restatement (Second) of Contracts § 50. Here, appellant accepted American Savings' offer when White brought the deposit and receipt agreements to Spector. Consideration is a...adequate consideration here. We need not decide whether there was mutuality of obligation since the existence of consideration vitiates the need for such mutuality. Restatement (Second) of Contracts § 79...

...." Noel v. Cole, 98 Wn.2d 375, 383, 655 P.2d 245 (1982) (citing RESTATEMENT (SECOND) OF CONTRACTS § 371, cmt. b (1981...." RESTATEMENT (SECOND) OF CONTRACTS § 371(b) (1981); see also Smith v. Favilla, 23 Wn. App. 59, 62-63.... As stated in the RESTATEMENT (SECOND) OF CONTRACTS, "a party's expenditures in preparation for performance that do not confer a benefit on the other party do not give rise to a restitution interest...

...ascertainment of its meaning." Restatement (Second) of Contracts § 200 (1981). Construction of a contract determines its legal effect. "Construction . . . is a process by which legal...). Various efforts have been made to compile a set of rules of contract interpretation. E.g., Patterson, The Interpretation and Construction of Contracts, 64 Colum. L. Rev. 833, 852 (1964) (listing 10 "standard maxims" of contract interpretation); see Restatement (Second) of...Uniform Commercial Code, U.C.C. § 2-202 comment 2, and the Restatement (Second) of Contracts §§ 2002-04 (1981). As Professor Shattuck notes, however, even while sometimes following the...

...," Restatement (Second) of Contracts § 3, Comment a (1981), and embraces such a condition upon performance. The Uniform Commercial Code, for example, defines agreement as "the bargain of the...the instrument out of § 1823(e), because it would render the instrument entirely void, see Restatement (Second) of Contracts § 163 and Comments a, c; Farnsworth § 4.10, at 235, thus leaving...the inducement, which renders the note voidable but not void. See U.C.C. § 3-201(1), 2 U.L.A. 127; Restatement (Second) of Contracts § 163, Comment c; Farnsworth § 4.10, at 235-236. The bank...

...voidable at the option of the innocent party. See 1 Restatement (Second) of Contracts § 7, and Comment b (1979); e.g., Ellerin v..., she ratifies the contract and so makes it binding. 1 Restatement (Second) of Contracts, supra, § 7, Comments d, e; see, e.g., Jobe v. Texas Util. Elec. Co., No. 05-94...restore the consideration at the very outset of the litigation. See 3 Restatement (Second) of Contracts, supra, § 384, and Comment b; Restatement of Restitution § 65, Comment d...

.... See, e.g., Williston, supra note 1, §§ 8.3 and 8.4; Restatement (Second) Of Contracts § 90(1) ("A promise which... widely accepted general statement of promissory estoppel, which developed against the backdrop of equitable estoppel, is set forth by Restatement (Second) Of Contracts § 90..., inter alia, Wood v. Ingram, 275 S.W. 397 (Tex.Civ.App. 1925) (writ dism w.o.j.)), and stating: "The Restatement (Second)[Of Contracts §§ 4 comment a; 91 comment a...

...with the principles of Restatement (Second) of Contracts § 302 (1979) is available to named legatees, such as appellee, who would otherwise have no recourse for failed legacies which result from...party beneficiaries seems "appropriate" under Restatement (Second) of Contracts § 302 where the intent to benefit is clear and the promisee (testator) is unable to enforce the contract...Restatement (Second) of Contracts standard for determination of third party beneficiaries, though we analyzed the facts of that case in the light of Restatement (Second) § 302...

...for recovery of damages. [3] Frauds, Statute of — Contracts — Estoppel — Promissory Estoppel — Promise To Make Memorandum. The defense of the statute of frauds may not be asserted by a party who has breached his promise to reduce a contract to writing when the other party relied on the promise to his detriment. (This holding is based on Restatement (Second) of...damages for breach of an oral agreement. Two issues are presented: (1) May equitable or promissory estoppel be utilized in an action for damages? and (2) Should section 217A of the Restatement (Second) of Contracts be... [3] Should Restatement (Second) of Contracts § 217A be adopted? The Court of Appeals correctly based its reversal of the summary judgment on...

...accurate contemporary formulation, their manifestations of mutual assent to a bargained-for exchange of promises or performances. See Restatement (Second) of Contracts §§ 19-23 (Tent. Draft Nos. 1-7...so in protracted negotiations involving a "jumble of letters, telegrams, acts, and spoken words." Restatement (Second) of Contracts, supra § 21A, Comment a. Ordinarily in such cases, the issue.... Va. 307, 52 S.E.2d 48 (1949); Restatement (Second) of Contracts, supra § 60, Comment b, where the following illustration of this...

...damages are recoverable." Restatement (Second) of Contracts §355, p. 154. That recognized exception to the general rule, however, was not...to result in emotional disturbance. See, e.g., Restatement (Second) of Contracts §353. That special rule is met here, Cummings contends, because discrimination is very likely to engender mental...tort for which punitive damages are recoverable." Restatement (Second) of Contracts §355, p. 154 (1979); see also 3 E. Farnsworth, Contracts §12.8, pp. 192-201 (2d ed. 1998). That recognized exception...