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Chapter 17
Practice Notes
Forms
§ 17.1 Accord and Satisfaction
§ 17.2 Accord and Satisfaction by Use of Instrument under Texas Business and Commerce Code
§ 17.3 Novation
§ 17.4 Payment
§ 17.5 Rescission
§ 17.6 Merger and Parol Evidence Rule
§ 17.7 Modification
§ 17.8 Lack of Capacity
§ 17.9 Lack or Failure of Consideration
§ 17.10 Lack of Mutuality
§ 17.11 Waiver and Estoppel
§ 17.12 Mutual and Unilateral Mistake
§ 17.13 Statute of Frauds
§ 17.14 Unconscionability
§ 17.15 Negligent Misrepresentation
§ 17.16 Fraud (in Inducement)
§ 17.17 Deceptive Trade Practices
§ 17.18 Ambiguity
§ 17.19 Duress
§ 17.20 Undue Influence
§ 17.21 Variance between Offer and Acceptance (“Perfect Tender” Rule)
§ 17.22 Laches
§ 17.23 Impossibility of Performance
§ 17.24 Illegality
§ 17.25 Revocation of Acceptance
§ 17.26 Rejection by Buyer
§ 17.27 Usury
§ 17.28 Discharge in Bankruptcy
§ 17.29 Truth in Lending
§ 17.30 Billing Errors
§ 17.31 Illiteracy
§ 17.41 Texas Deceptive Trade Practices–Consumer Protection Act (DTPA)
§ 17.42 Fraud
§ 17.43 Usury
§ 17.44 Other Violations
§ 17.45 Breach of Warranty
§ 17.46 Fair Debt Collection Practices Act
§ 17.47 Texas Debt Collection Practices Act
§ 17.48 Sale and Leaseback of Homestead
§ 17.49 Unreasonable Debt Collection Practices
§ 17.50 Remedies for Failure to Comply with Chapter 9
§ 17.51 Tortious Interference with Existing Contract
§ 17.61 Limitations Periods
§ 17.62 Pleading Requirements
§ 17.63 Tolling of Limitations
§ 17.64 Acknowledgment or Extension of Debt
§ 17.65 Agreement by Parties to Change Limitations
§ 17.66 Amended Pleading
§ 17.67 Counterclaims and Cross-Claims
§ 17.68 Limitations Issues for Defendant Recently Moved to Texas, Foreign Cause of Action
[There are no forms for Chapter 17.]
Form17-1 Reserved
17 Defenses Counterclaims
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