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36 views47 pages

(Ebook) Examples & Explanations For Contracts by Brian A Blum ISBN 9781454868415, 1454868414 PDF Download

The document provides a comprehensive overview of various legal ebooks related to contracts and law, including titles by authors such as Brian A. Blum and Richard G. Singer. It includes links to download these ebooks and outlines the contents of a specific ebook on contracts, detailing chapters covering fundamental concepts and principles of contract law. Additionally, it features information about the publisher, Wolters Kluwer, and its role in legal education and compliance.

Uploaded by

mwangelynlyn
Copyright
© © All Rights Reserved
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EDITORIAL ADVISORS

Vicki Been
Elihu Root Professor of Law
New York University School of Law

Erwin Chemerinsky
Dean and Distinguished Professor of Law
University of California, Irvine, School of Law

Richard A. Epstein
Laurence A. Tisch Professor of Law
New York University School of Law
Peter and Kirsten Bedford Senior Fellow
The Hoover Institution
Senior Lecturer in Law
The University of Chicago

Ronald J. Gilson
Charles J. Meyers Professor of Law and Business
Stanford University
Marc and Eva Stern Professor of Law and Business
Columbia Law School

James E. Krier
Earl Warren DeLano Professor of Law
The University of Michigan Law School

Richard K. Neumann, Jr.


Professor of Law
Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff
John L. Gray Professor of Law
Harvard Law School

David Alan Sklansky


Yosef Osheawich Professor of Law
University of California at Berkeley School of Law

Kent D. Syverud
Dean and Ethan A. H. Shepley University Professor
Washington University School of Law

4
5
6
Copyright © 2017 Brian A. Blum.
Published by Wolters Kluwer in New York.

Wolters Kluwer Legal & Regulatory U.S. serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products.
(www.WKLegaledu.com)

No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy,
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eISBN 978-1-4548-8726-3

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About Wolters Kluwer Legal & Regulatory U.S.

Wolters Kluwer Legal & Regulatory U.S. delivers expert content and solutions in the areas of law, corporate
compliance, health compliance, reimbursement, and legal education. Its practical solutions help customers
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8
To Bryce, Kylie, William,

Lexie, and Katherine with love

9
Summary of Contents

Contents
Preface
Acknowledgments

Chapter 1 The Meaning of “Contract” and the Basic Attributes of the Contractual Relationship
Chapter 2 Facets of the Law of Contract and the Source of Its Rules, Processes, and Traditions
Chapter 3 The Doctrine of Precedent and a Contract Case Analysis
Chapter 4 The Objective Test and Basic Principles of Offer and Acceptance
Chapter 5 Standard Form Contracts and Contracts Through Electronic Media
Chapter 6 Mismatching Standard Terms: The “Battle of the Forms” Under UCC §2.207
Chapter 7 Consideration
Chapter 8 Promissory Estoppel as the Basis for Enforcing Promises
Chapter 9 Unjust Enrichment, Restitution, and “Moral Obligation”
Chapter 10 Interpretation and Construction: Resolving Meaning and Dealing with Uncertainty in
Agreements
Chapter 11 The Statute of Frauds
Chapter 12 The Parol Evidence Rule
Chapter 13 The Judicial Regulation of Improper Bargaining and of Violations of Law and Public Policy
Chapter 14 Incapacity
Chapter 15 Mistake, Impracticability, and Frustration of Purpose
Chapter 16 Conditions and Promises
Chapter 17 Breach and Repudiation
Chapter 18 Remedies for Breach of Contract
Chapter 19 Assignment, Delegation, and Third-Party Beneficiaries

Glossary
Table of Cases
Table of Statutes
Index

10
Contents

Preface
Acknowledgments

Chapter 1 The Meaning of “Contract” and the Basic Attributes of the Contractual Relationship

§1.1 Introduction
§1.2 The Legal Meaning of “Contract”
§1.2.1 An Oral or Written Agreement Between Two or More Persons
§1.2.2 An Exchange Relationship
§1.2.3 Promise
§1.2.4 Legal Recognition of Enforceability
§1.3 Contract as a General Body of Law Applicable to Diverse Transactions
§1.4 The Fundamental Policies and Values of Contract Law
§1.4.1 Freedom of Contract
§1.4.2 The Morality of Promise—Pacta Sunt Servanda
§1.4.3 Accountability for Conduct and Reliance
§1.4.4 Commercial and Social Values

Chapter 2 Facets of the Law of Contract and the Source of Its Rules, Processes, and Traditions

§2.1 The Purpose of This Chapter


§2.2 The Historical Perspective of Contract Law
§2.3 Classical and Contemporary Contract Law
§2.3.1 Classical Contract Law
§2.3.2 Contemporary Contract Law
§2.4 The Meaning of “Common Law”
§2.4.1 “Common Law” Used to Designate Our Legal System as a Whole
§2.4.2 “Common Law” Used to Denote the Judge-Made Component of Our
Legal System
§2.4.3 “Common Law” Used to Denote a Process or Approach to Legal
Analysis
§2.5 The Distinction Between Law and Equity
§2.6 State Law Governs Contracts
§2.7 The Uniform Commercial Code (UCC)
§2.7.1 The UCC as a Uniform Model Statute and State Legislation
§2.7.2 The Use and Application of UCC Article 2

11
§2.7.3 The Influence of Article 2 in Cases Involving Contracts Other Than
Sales of Goods
§2.8 What Is the Restatement (Second) of Contracts?
§2.9 A Transnational Perspective on Contract Law

Chapter 3 The Doctrine of Precedent and a Contract Case Analysis

§3.1 Studying Contract Law Through Appellate Cases


§3.2 How Judges Make Contract Law: Judicial Precedent
§3.2.1 What Is Precedent?
§3.2.2 Who Is Bound by Precedent?
§3.2.3 The Drawbacks of the System of Precedent
§3.3 The Anatomy of a Judicial Opinion
§3.3.1 Ratio Decidendi (Rule or Holding) and Obiter Dictum
§3.3.2 The Process of Inductive and Deductive Reasoning in the Creation and
Application of Legal Rules
§3.3.3 The Use of Authority and Supporting Rationale in Judicial Opinions
§3.4 A Transnational Perspective on the Doctrine of Precedent

Chapter 4 The Objective Test and Basic Principles of Offer and Acceptance

§4.1 Interpretation and the Objective Test


§4.1.1 Introduction
§4.1.2 The Communication of Contractual Intent
§4.1.3 Assent and Accountability: Subjective and Objective Tests of Assent
§4.1.4 The Substantive and Evidentiary Aspects of the Objective Test
§4.1.5 The Duty to Read
§4.1.6 Lack of Serious Intent: Jokes and Bluffs
§4.2 The Purpose and Application of the Rules of Offer and Acceptance
§4.2.1 Introduction
§4.2.2 When Are Offer and Acceptance Issues Presented?
§4.2.3 The Basic Offer and Acceptance Model at Common Law
§4.3 The Rules of Offer and Acceptance Applicable in Sales of Goods Under UCC
Article 2
§4.4 The Nature of an Offer, as Distinct from a Preliminary Proposal
§4.4.1 Distinguishing an Offer from a Solicitation
§4.4.2 Offers or Solicitations to Multiple Parties and Advertisements
§4.5 The Expiry of the Offer by Passage of Time
§4.5.1 The Specified or Reasonable Duration of the Offer
§4.5.2 The Effect of a Late Attempt to Accept
§4.6 Termination of the Offer for Reasons Other Than Expiry by Lapse of Time

12
§4.6.1 Rejection
§4.6.2 Counteroffer
§4.6.3 The Offeror’s Death or Mental Disability
§4.6.4 Revocation
§4.7 The Nature and Effect of Acceptance
§4.8 The Effect of Inconsistency Between the Offer and the Response: Counteroffer
§4.9 The Mode of Acceptance
§4.10 Inadvertent Acceptance and Silence or Inaction as Acceptance
§4.10.1 Inadvertent Acceptance
§4.10.2 Acceptance by Silence or Inaction
§4.11 The Effective Date of Acceptance and the “Mailbox” Rule
§4.11.1 The Traditional Rule
§4.11.2 Application of the Rule to Electronic Media
§4.12 Acceptance by Promise or Performance: Bilateral and Unilateral Contracts
§4.12.1 The Distinction in Perspective
§4.12.2 The Offer for a Bilateral Contract
§4.12.3 The Offer for a Unilateral Contract
§4.12.4 When the Offer Does Not Clearly Prescribe Promise or Performance
as the Exclusive Mode of Acceptance
§4.12.5 Acceptance by a Performance That Cannot Be Accomplished Instantly
§4.12.6 Notice When an Offer Is Accepted by Performance
§4.12.7 Reverse Unilateral Contracts
§4.13 Irrevocable Offers: Options and Firm Offers
§4.13.1 Introduction
§4.13.2 Options and Consideration
§4.13.3 The Effect of an Option
§4.13.4 Firm Offers Under UCC §2.205
§4.14 A Transnational Perspective on Offer and Acceptance

Chapter 5 Standard Form Contracts and Contracts Through Electronic Media

§5.1 Introduction
§5.2 The Process and Terminology of Standard Contracting
§5.3 Conspicuousness, Notice, and Reasonable Expectations
§5.4 The Problem of Adhesion and Unconscionability in Standard Contracts
§5.5 “Cash Now, Terms Later”: Deferred Communication of Terms and Rolling
Contracts
§5.5.1 Deferred Communication of Terms
§5.5.2 Rolling Contracts
§5.6 Modification of Standard Terms
§5.7 Statutory Recognition of Electronic Contracting

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§5.8 Contracting by Automated Means
§5.9 Online Auctions

Chapter 6 Mismatching Standard Terms: The “Battle of the Forms” Under UCC §2.207

§6.1 The Scope and Purpose of UCC §2.207


§6.1.1 The Basic Purpose and Drafting Inadequacies of §2.207
§6.1.2 The Two Distinct Issues Covered by §2.207: Formation and
Confirmation
§6.1.3 The Application of §2.207 to Electronic Communications
§6.2 The Problem Tackled by §2.207: The Common Law “Mirror Image” and “Last
Shot” Rules
§6.3 Offer and Acceptance Under §2.207
§6.3.1 §2.207(1): Acceptance, Rejection, and Counteroffer
§6.3.2 §2.207(2): The Treatment of Proposals in an Acceptance
§6.3.3 §2.207(3): The Effect of Mutual Performance When No Contract Is
Formed by the Parties’ Writings
§6.4 Written Confirmation Following an Oral or Informal Contract Under §2.207(1)
and (2)
§6.5 A Transnational Perspective on the “Battle of the Forms”

Chapter 7 Consideration

§7.1 Consideration as the Basis of Contract Obligation


§7.2 The Essence and Scope of Consideration
§7.3 The Elements of Consideration: Detriment, Benefit, and Bargained-for Exchange
§7.3.1 What Is a “Detriment”?
§7.3.2 How Does Benefit to the Promisor Fit In?
§7.3.3 The Bargained-for Exchange
§7.3.4 The Distinction Between Bargained-for and Incidental Detriment
§7.3.5 The Distinction Between a Detriment and a Condition of Gift
§7.4 The Purpose and Function of Consideration Doctrine
§7.4.1 Consideration Doctrine in Common Law and Its Absence in Civil
Law
§7.4.2 The Formal and Substantive Basis for the Doctrine in Relation to
Gratuitous Promises
§7.4.3 Consideration Doctrine in the Commercial Context
§7.4.4 The Flexibility of Consideration Concepts and the Use of the Doctrine
for Policing Purposes
§7.5 Detriment and “Preexisting Duty”
§7.5.1 The Basic Rule

14
§7.5.2 The Justification for the Rule Where the Duty Is Owed to the
Promisor: Coerced Modifications
§7.5.3 The Abolition of the Preexisting Duty Rule in Relation to
Modifications Under Article 2
§7.5.4 Modifications in Light of Supervening Difficulty
§7.5.5 Preexisting Duty to a Third Party
§7.6 Consideration in an Agreement to Settle a Disputed Claim or Defense
§7.7 The Measurement of Detriment: Adequacy of Consideration
§7.7.1 The General Rule: Courts Are Not Concerned with Adequacy of
Consideration
§7.7.2 Inadequacy of Consideration as the Result of Unfair Bargaining
§7.7.3 Sham or Nominal Consideration
§7.7.4 Nominal Consideration in Options
§7.8 Past Performance
§7.9 The Quality of a Promise as Consideration: “Mutuality of Obligation,” Illusory,
Conditional, and Alternative Promises
§7.9.1 Mutuality and Illusory Promises
§7.9.2 Interpretation and the Use of Implied Terms to Cure an Apparently
Illusory Promise
§7.9.3 “Mutuality” in Requirements and Output Contracts Under UCC
§2.306
§7.9.4 Conditional Promises
§7.9.5 Conditions of Satisfaction
§7.9.6 Promises of Alternative Performances

Chapter 8 Promissory Estoppel as the Basis for Enforcing Promises

§8.1 Introduction
§8.2 The Nature of Promissory Estoppel as an Independent Basis of Relief or as a
Consideration Substitute
§8.3 The Difference in Remedial Emphasis Between Contract and Promissory Estoppel
§8.4 An Introduction to Equitable Estoppel and Its Link to Promissory Estoppel
§8.5 The Range of Promissory Estoppel: Gifts and Commercial Transactions
§8.6 The Elements of Promissory Estoppel
§8.6.1 Introduction and Overview of the Elements
§8.6.2 A Promise Must Have Been Made
§8.6.3 The Promisor Should Reasonably Have Expected the Promise to
Induce Action or Forbearance by the Promisee
§8.6.4 The Promise Must Have Induced Justifiable Action or Forbearance by
the Promisee
§8.6.5 The Promise Is Binding If Injustice Can Be Avoided Only by Its

15
Enforcement
§8.7 The Remedy When Promissory Estoppel Is Applied
§8.8 Charitable Pledges and Promissory Estoppel
§8.9 Promissory Estoppel as a Means of Enforcing Promises Made in Negotiations
§8.10 Promissory Estoppel and At-Will Employment Agreements
§8.11 Reliance on an Option Without Consideration: The Application of Promissory
Estoppel to Promises of Irrevocability
§8.12 A Transnational Perspective on Promissory Estoppel

Chapter 9 Unjust Enrichment, Restitution, and “Moral Obligation”

§9.1 Introduction
§9.2 Unjust Enrichment, the Basis for Restitution
§9.3 The Relationship Between Unjust Enrichment and Contract
§9.3.1 Restitution as an Alternative Remedy When a Valid Contract Has
Been Breached
§9.3.2 Restitution When a Contract Has Been Rescinded
§9.3.3 Restitution When a Benefit Is Conferred Pursuant to an Invalid or
Unenforceable Contract
§9.3.4 Restitution When a Benefit Is Conferred on the Strength of a Promise
Without Consideration
§9.3.5 Restitution in Cases When No Contractual Interaction Occurred
§9.4 The Meaning of “Quasi-Contract”
§9.4.1 Quasi-Contract—a Contract “Implied in Law”
§9.4.2 Quasi-Contract Distinguished from a Contract Implied in Fact
§9.5 The Elements of Unjust Enrichment
§9.5.1 Enrichment
§9.5.2 When Is Enrichment Unjust?
§9.6 Measurement of Benefit
§9.6.1 The Remedial Aim of Restitution
§9.6.2 Alternative Methods for Measuring Enrichment
§9.6.3 Market Value
§9.6.4 The Recipient’s Net Gain
§9.6.5 Choosing Among Market Value, Objective Net Gain, or Subjective
Net Gain
§9.7 “Moral Obligation” and the Material Benefit Rule
§9.7.1 Introduction
§9.7.2 The Role of the Doctrine of “Moral Obligation” and the Development
of the Material Benefit Rule
§9.7.3 The Traditional Scope of the Doctrine of “Moral Obligation”
§9.7.4 The Broad “Material Benefit” Rule

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Chapter 10 Interpretation and Construction: Resolving Meaning and Dealing with Uncertainty in
Agreements

§10.1 Ascertaining the Meaning of an Agreement: Interpretation and Construction


§10.1.1 Introduction to the Process of Interpretation and Construction
§10.1.2 Interpretation as a Question of Fact or Law
§10.1.3 The Sources of Evidence Used in Interpretation
§10.1.4 Some General Rules of Interpretation and Construction
§10.2 Gap Fillers Used to Effectuate the Parties’ Reasonable Intent
§10.2.1 Introduction
§10.2.2 Gap Fillers That Supply General Obligations
§10.2.3 Gap Fillers That Supply More Specific Rights and Duties
§10.3 Terms Construed as a Matter of Policy
§10.3.1 Supplementary Terms That Cannot Be Excluded by Agreement
§10.3.2 The General Obligation of Good Faith and Fair Dealing
§10.3.3 Construed Terms That Can Be Excluded Only by Express or Specific
Language
§10.4 The Problem of Indefiniteness in an Agreement
§10.5 Different Causes and Forms of Indefiniteness
§10.5.1 Unclear Terms: Vagueness and Ambiguity
§10.5.2 Omitted Terms
§10.5.3 Terms Left for Future Determination
§10.6 Preliminary Agreements
§10.6.1 The Categorization of Preliminary Agreements
§10.6.2 Nonbinding Preliminary Agreements
§10.6.3 Preliminary Agreements That Bind the Parties to Their Ultimate
Objective, So That the Final Memorandum of Agreement Is a
Formality
§10.6.4 Preliminary Agreements That Bind the Parties to Negotiate in Good
Faith
§10.7 Misunderstanding: Total Ambiguity
§10.8 A Transnational Perspective on Interpretation

Chapter 11 The Statute of Frauds

§11.1 Introduction
§11.2 The First Inquiry: Is the Contract of a Type That Falls Within the Statute?
§11.2.1 Contracts for the Sale of Land or an Interest in Land
§11.2.2 Contracts That Cannot Be Performed Within a Year
§11.2.3 Contracts for the Sale of Goods

17
§11.2.4 Contracts to Answer for the Debt or Obligation of Another
§11.2.5 Contracts of Executors or Administrators to Answer for the Duty of
Their Decedents
§11.2.6 Contracts upon Consideration of Marriage
§11.3 The Second Inquiry: If the Statute Applies, Is the Contract Reflected in a Writing
That Satisfies Its Requirements?
§11.3.1 A Written (Recorded) Memorandum
§11.3.2 The Content of the Memorandum
§11.3.3 Signature
§11.4 The Third Inquiry: If the Statute Applies and Is Not Complied with, Does the
Oral Contract Fall Within Any of Its Exceptions?
§11.4.1 The Part Performance Exception
§11.4.2 The Judicial Admission Exception
§11.4.3 The Protection of Reliance: Estoppel and Promissory Estoppel
§11.5 The Impact of Noncompliance with the Statute
§11.6 The Effect of the Statute of Frauds on Modifications of a Contract
§11.7 A Transnational Perspective on the Statute of Frauds

Chapter 12 The Parol Evidence Rule

§12.1 The Application and Basic Purpose of the Parol Evidence Rule
§12.1.1 A Written or Recorded Agreement
§12.1.2 The Relationship Between the Parol Evidence Rule and Interpretation
§12.2 A Basic Statement of the Rationale and Content of the Rule
§12.3 What Is Parol Evidence?
§12.3.1 The Meaning of “Parol”
§12.3.2 Terms Allegedly Agreed to Prior to the Written Contract
§12.3.3 Terms Allegedly Agreed to Contemporaneously with the Written
Contract
§12.3.4 Evidence of Subsequent Agreement
§12.3.5 Summary of the Scope of the Parol Evidence Rule
§12.4 A Closer Look at the Purpose and Premise of the Parol Evidence Rule
§12.5 The Degree of Finality of the Writing: Total and Partial Integration
§12.6 The Process of Dealing with Parol Evidence
§12.7 Determining the Question of Integration
§12.8 Ambiguity or Indefiniteness in an Integrated Writing
§12.9 Distinguishing Consistency from Contradiction
§12.10 The Effect of the Rule on Evidence of Course of Performance, Course of Dealing,
and Trade Usage
§12.11 The Collateral Agreement Rule
§12.12 Exceptions to the Parol Evidence Rule: Evidence to Establish Grounds for

18
Avoidance or Invalidity or to Show a Condition Precedent
§12.12.1 The Exception Relating to the Validity or Voidability of the Contract
§12.12.2 The False Recital Exception
§12.12.3 The Condition Precedent Exception
§12.13 Restrictions on Oral Modification
§12.14 A Transnational Perspective on the Parol Evidence Rule

Chapter 13 The Judicial Regulation of Improper Bargaining and of Violations of Law and Public Policy

§13.1 Introduction
§13.2 The Objective Test and the Viability of Apparent Assent
§13.3 General Note on Remedy: Avoidance and Restitution, Adjustment of the Contract,
or Damages
§13.4 The Nature and Relationship of the Doctrines Regulating Bargaining
§13.5 Misrepresentation Generally: The Meaning of “Misrepresentation” and the
Distinction Between Fraudulent and Nonfraudulent Misrepresentations
§13.5.1 The Distinction Between Fraudulent, Negligent, and Innocent
Misrepresentations
§13.5.2 The Application of the Parol Evidence Rule to Misrepresentations
Made Outside a Written Contract
§13.6 Fraudulent Misrepresentation
§13.6.1 Introduction
§13.6.2 Fact, Opinion, Prediction, and Promise
§13.6.3 Types of Fraudulent Misrepresentation: Affirmative Statements,
Concealment, and Nondisclosure
§13.6.4 Knowledge of Falsity and Intent to Induce the Contract
§13.6.5 Materiality
§13.6.6 Justifiable Inducement
§13.6.7 Injury and Remedy
§13.7 Negligent or Innocent Misrepresentation
§13.8 Duress
§13.8.1 The Nature of Duress
§13.8.2 The Threat
§13.8.3 Impropriety
§13.8.4 Inducement
§13.8.5 Remedy
§13.9 Duress in the Modification of an Existing Contract
§13.9.1 Consideration Doctrine
§13.9.2 Common Law Duress Doctrine in Relation to Modifications
§13.9.3 Modification Under UCC Article 2
§13.9.4 The Enforcement of Modifications Despite an Absence of

19
Consideration
§13.10 Undue Influence
§13.11 Unconscionability
§13.11.1 The Role of Unconscionability
§13.11.2 The Nature and Origins of Unconscionability
§13.11.3 The Elements of Unconscionability
§13.11.4 Procedural Unconscionability
§13.11.5 Substantive Unconscionability
§13.11.6 The Remedy for Unconscionability
§13.11.7 A Final Note on the Temptation to Overuse Unconscionability
Doctrine
§13.12 Unconscionability and Adhesion in Standard Contracts
§13.12.1 The Role of Adhesion in Unconscionability Analysis
§13.12.2 Terms Made Available Only After the Contract Has Been Entered
§13.12.3 Adhesion and Unconscionability in Relation to Arbitration Provisions
§13.13 Policing Contracts for Illegality or Contravention of Public Policy
§13.13.1 Illegality, Public Policy, and Freedom of Contract
§13.13.2 Illegal Contracts
§13.13.3 Contracts Contrary to Public Policy
§13.14 A Transnational Perspective on Policing Doctrines

Chapter 14 Incapacity

§14.1 The Scope and Focus of the Doctrines Discussed in This Chapter
§14.2 Minority
§14.2.1 The Basis and Nature of a Minor’s Contractual Incapacity
§14.2.2 Situations in Which a Minor May Incur Legal Liability
§14.2.3 Restitution or Other Relief Following Disaffirmation
§14.2.4 Minors’ Internet Contracts
§14.3 Mental Incapacity
§14.3.1 The Basis and Nature of Avoidance Due to Mental Incapacity
§14.3.2 The Test for Mental Incapacity: Cognitive and Motivational Disorders
§14.3.3 Proving Mental Incapacity
§14.3.4 Distinguishing Actionable Mental Incapacity from Nonactionable
Incompetence or Infirmity
§14.3.5 Avoidance and Its Consequences
§14.3.6 Incapacity Induced by Alcohol or Drug Abuse

Chapter 15 Mistake, Impracticability, and Frustration of Purpose

§15.1 The Common Themes and the Differences Between Mistake, Impracticability, and

20
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System
Professor Owen— 297–
Cuvier 300

Discussions at the
301–4
hospital

Sir A. Cooper in
illustration of The 305
System

Sir Charles Bell—


Abernethy's 307
disinterestedness

Failure and
unsatisfactory
result of the 308–
Hospital System— 10
Concluding
remarks

CHAP. XXX.
Influence of research
in science—Its first
311–
impulses—Its
12
higher aspirations
—Its Religion
The idea of some that 313
scientific men have
a tendency to
scepticism in
Religion opposed
to evidences of
experience
Of the analogies of
Religion and 314
Science
No more avowed
believers in
religious truth than
scientific men—
Boyle, Bacon,
Kepler, Newton,
315
Locke—Many, too,
of the medical
profession, as
Locke, Böerhaave,
Linnæus, Sloane,
Haller, &c.

Divines, on the other


hand, recognize
the importance of
the study of the
ib.
laws of nature—
Cudworth, Butler,
Sturm, Derham,
Paley, Crombie, &c.

Of Paschal, St. Pierre,


316
Gilpin, White
Extracts from MSS. &c. 317

CHAP. XXXI.
Obligations to
327–8
Abernethy
John Hunter 329

Hunter and Abernethy 330–1


Obligations to
332–9
Abernethy

CHAP. XXXII.
Of evils and their
340–1
correction
Signs of public distrust 342

Thoughts of the public 343


Homœopathy— 344–
Hydropathy 52
Lord Bacon—Of
353
perceptions
Hopes and predictions 354

CHAP. XXXIII.
His favourite mare—
355–6
House at Enfield
Wounded in dissection
—His irritable 357
Heart
Anecdote 358
Receives thanks of the
359
Council—His reply
Letter to Sir W. Blizard 360

Of illness in medical
361
men
Resigns the hospital 362
His resignation 363

Letter to Mr. Belfour 364


Memorial addressed to
365
him
An interview 366
His death—Tablet to
367–8
his memory

CHAP. XXXIV.
369–
Of his character 70

Impressions of his
372
character

Too many Gnathos 373


Abernethy's dislike of
this kind of ib.
assentation
Anecdote 374
Kindness to hospital
375
patients
His benevolence 376
Letters, how far to be
relied on as
expositions of
376–
character—To Mr.
82
Kingdon, to Mrs.
Warburton, to Mrs.
Abernethy

His pleasures at home


383
with the children
Battledore and
shuttlecock—
Theatricals—Magic 384
lantern—At Enfield
—Gardening, &c.

Impressions of his
385–9
character

Conclusion 389

FINIS

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BY THE SAME AUTHOR.
MEDICINE AND SURGERY ONE INDUCTIVE
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In this Treatise, the Author claims to have developed the Law
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Edition. Fcap. 8vo. cloth, 2s. 6d.
GRAGLIA, C.—A Pocket Dictionary of the Italian and English Languages.
By C. Graglia. Square 18mo. bound, 4s. 6d.
GRAY, Mrs. H.—Emperors of Rome from Augustus to Constantine: being
a Continuation of the History of Rome. By Mrs. Hamilton Gray. 1 vol.
12mo. with Illustrations, 8s.

"So many applications are made to us for histories


suited to a period of life when the mind is beginning to
develope its power, and to find satisfaction in connecting
the past with the present and the future in human affairs,
that we are induced to recommend these volumes, which,
however widely circulated, have not half the circulation
which they deserve. They are clearly written. They neither
minister to childish imbecility, nor take for granted a
measure of knowledge which cannot be lawfully expected
of the young. They present the page of history as it really
is—not a series of dry details, nor of gorgeous spectacles,
but with enough of plain fact to instruct the understanding,
and of romantic incident to kindle the sympathies and
affections. The German school of historical doubters are
neither listened to by Mrs. Gray as oracles, nor rejected as
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