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Fundamentals of Business Law Summarized Cases (with Online Legal Research Guide)

by ;
Edition:
7th
ISBN13:

9780324381689

ISBN10:
0324381689
Format:
Paperback
Pub. Date:
9/14/2006
Publisher(s):
South-Western College/West
List Price: $237.33

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Summary

Brief and affordable, FUNDAMENTALS OF BUSINESS LAW: SUMMARIZED CASES focuses on core business law topics, including contracts and sales. Summarized cases are integrated throughout the text to illustrate key points of law. FUNDAMENTALS OF BUSINESS LAW: SUMMARIZED CASES is ideal for the one-term course that focuses primarily on contracts and sales.

Table of Contents

UNIT ONE The Legal Environment of Business
1(74)
The Legal and Constitutional Environment of Business
2(28)
The Nature of Law
2(1)
Business Activities and the Legal Environment
2(2)
Sources of American Law
4(2)
The Common Law Tradition
6(2)
Classifications of Law
8(2)
Adapting the Law to the Online Environment: International Jurisdiction and the Internet
9(1)
The Constitution as It Affects Business
10(11)
Landmark and Classic Cases: Heart of Atlanta Motel v. United States
10(11)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Appendix to Chapter 1: Finding and Analyzing the Law
21(1)
Finding Statutory and Administrative Law
21(1)
Finding Case Law
22(5)
Reading and Understanding Case Law
27(3)
Traditional and Online Dispute Resolution
30(26)
The Judiciary's Role in American Government
30(1)
Basic Judicial Requirements
31(4)
The State and Federal Court Systems
35(3)
Following a State Court Case
38(6)
Adapting the Law to the Online Environment: Who Bears the Costs of Electronic Discovery?
42(2)
The Courts Adapt to the Online World
44(1)
Alternative Dispute Resolution
45(4)
Management Perspective: Arbitration Clauses in Employment Contracts
49(1)
Online Dispute Resolution
49(7)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Ethics and Business Decision Making
56(19)
Business Ethics
56(2)
Setting the Right Ethical Tone
58(3)
Companies That Defy the Rules
61(1)
Business Ethics and the Law
62(3)
Management Perspective: ``Sucks'' Sites--Can They Be Shut Down?
64(1)
Approaches to Ethical Reasoning
65(1)
Business Ethics on a Global Level
66(9)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit One Extended Case Study: Vo v. City of Garden Grove
72(3)
UNIT TWO Torts and Crimes
75(66)
Torts and Cyber Torts
76(20)
The Basis of Tort Law
76(1)
Intentional Torts against Persons
77(5)
Intentional Torts against Property
82(3)
Unintentional Torts (Negligence)
85(4)
Strict Liability
89(1)
Cyber Torts
89(7)
Adapting the Law to the Online Environment: Can Spamming Constitute a Tort?
91(5)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Intellectual Property
96(19)
Trademarks and Related Property
96(5)
Landmark and Classic Cases: The Coca-Cola Co. v. Koke Co. of America
98(3)
Cyber Marks
101(1)
Patents
102(1)
Copyrights
103(5)
Trade Secrets
108(1)
International Protection for Intellectual Property
108(7)
Management Perspective: File-Sharing Technology and Copyright Law
109(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Criminal Law and Cyber Crimes
115(26)
Civil Law and Criminal Law
115(1)
Classification of Crimes
116(1)
Criminal Liability
117(1)
Corporate Criminal Liability
118(1)
Types of Crimes
118(3)
Defenses to Criminal Liability
121(3)
Constitutional Safeguards and Criminal Procedures
124(4)
Criminal Process
128(3)
Cyber Crimes
131(10)
Adapting the Law to the Online Environment: Stalking and Internet Data Brokers
132(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Two Extended Case Study: Pinsonneault v. Merchants & Farmers Bank & Trust Co.
138(3)
UNIT THREE Contracts
141(116)
Nature and Classification
142(14)
The Function of Contracts
143(1)
Definition of a Contract
143(1)
Requirements of a Contract
143(1)
Freedom of Contract and Freedom from Contract
144(1)
Types of Contracts
144(5)
Management Perspective: Employment Manuals and Implied Contracts
147(2)
Quasi Contracts
149(1)
Interpretation of Contracts
149(7)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Agreement and Consideration
156(18)
Agreement
156(10)
Landmark and Classic Cases: Lucy v. Zehmer
157(2)
Adapting the Law to the Online Environment: Can an Online Bid Constitute an Acceptance?
159(1)
Management Perspective: The Enforcement of Preliminary Agreements
160(6)
Consideration and Its Requirements
166(1)
Contracts That Lack Consideration
167(1)
Settlement of Claims
168(1)
Promissory Estoppel
169(5)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Capacity and Legality
174(17)
Contractual Capacity
174(5)
Legality
179(6)
Management Perspective: Covenants Not to Compete in the Internet Context
182(2)
Adapting the Law to the Online Environment: Is It Unconscionable for Physicians to Prescribe Medication Online?
184(1)
The Effect of Illegality
185(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Defenses to Contract Enforceability
191(16)
Genuineness of Assent
191(5)
The Statute of Frauds---Requirement of a Writing
196(4)
The Statute of Frauds---Sufficiency of the Writing
200(2)
The Parol Evidence Rule
202(5)
Adapting the Law to the Online Environment: What Does ``Registration'' Mean in the Domain Name Context?
203(4)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Third Party Rights and Discharge
207(19)
Assignments
207(3)
Delegations
210(2)
Third Party Beneficiaries
212(4)
Adapting the Law to the Online Environment: Government Contracts and Third Party Beneficiaries
214(2)
Contract Discharge
216(10)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Breach and Remedies
226(13)
Damages
226(5)
Equitable Remedies
231(1)
Recovery Based on Quasi Contract
232(1)
Contract Provisions Limiting Remedies
233(1)
Election of Remedies
234(5)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
E-Contracts
239(18)
Forming Contracts Online
239(5)
Management Perspective: The Enforceability of Forum-Selection Clauses
240(2)
Adapting the Law to the Online Environment: Avoiding Deception in Software Sales
242(2)
E-Signatures
244(2)
Partnering Agreements
246(1)
The Uniform Electronic Transactions Act
246(3)
The Uniform Computer Information Transactions Act
249(8)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Three Extended Case Study: MPACT Construction Group, LLC v. Superior Concrete Constructors, Inc.
254(3)
UNIT FOUR Sales and Lease Contracts
257(80)
The Formation of Sales and Lease Contracts
258(24)
The Scope of the UCC
258(1)
The Scope of Article 2---Sales
259(3)
The Scope of Article 2A---Leases
262(1)
The Formation of Sales and Lease Contracts
262(10)
Adapting the Law to the Online Environment: Can an Employee's E-Mail Constitute a Waiver of Contract Terms?
269(2)
Landmark and Classic Cases: Jones v. Star Credit Corp.
271(1)
Contracts for the International Sale of Goods
272(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Appendix to Chapter 14: Example of a Contract for the International Sale of Coffee
278(4)
Title and Risk of Loss
282(14)
Identification
283(1)
Passage of Title
283(4)
Risk of Loss
287(3)
Insurable Interest
290(1)
Bulk Transfers
290(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Performance and Breach of Sales and Lease Contracts
296(19)
Performance Obligations
296(1)
Management Perspective: Good Faith and Fair Dealing
297(1)
Obligations of the Seller or Lessor
297(5)
Landmark and Classic Cases: Maple Farms, Inc. v. City School District of Elmira
300(2)
Obligations of the Buyer or Lessee
302(1)
Anticipatory Repudiation
303(1)
Remedies of the Seller or Lessor
304(3)
Remedies of the Buyer or Lessee
307(2)
Limitation of Remedies
309(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Warranties and Product Liability
315(22)
Warranties
315(7)
Landmark and Classic Cases: Webster v. Blue Ship Tea Room, Inc.
318(4)
Lemon Laws
322(1)
Product Liability
322(2)
Management Perspective: The ``Sophisticated-User'' Doctrine
323(1)
Strict Product Liability
324(3)
Adapting the Law to the Online Environment: School Shootings and Strict Liability
326(1)
Defenses to Product Liability
327(10)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Four Extended Case Study: Mangold v. Nissan North America, Inc
334(3)
UNIT FIVE Negotiable Instruments
337(50)
Negotiability, Transferability, and Liability
338(25)
Articles 3 and 4 of the UCC
339(1)
Types of Instruments
339(4)
Requirements for Negotiability
343(2)
Transfer of Instruments
345(1)
Holder in Due Course (HDC)
345(4)
Signature Liability
349(3)
Warranty Liability
352(2)
Management Perspective: Banks Must Act in Good Faith
353(1)
Defenses and Discharge
354(9)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Checks, the Banking System, and E-Money
363(24)
Checks
364(1)
The Bank-Customer Relationship
365(1)
Bank's Duty to Honor Checks
366(5)
Management Perspective: The Problem of Forged Checks
370(1)
Bank's Duty to Accept Deposits
371(5)
Electronic Fund Transfers
376(1)
E-Money and Online Banking
377(2)
The Uniform Money Services Act
379(8)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Five Extended Case Study: Lema v. Bank of America, N.A.
385(2)
UNIT SIX Debtor-Creditor Relationships
387(54)
Secured Transactions
388(22)
The Terminology of Secured Transactions
388(1)
Creating and Perfecting a Security Interest
389(7)
The Scope of a Security Interest
396(2)
Priorities
398(3)
Rights and Duties of Debtors and Creditors
401(1)
Default
402(8)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Creditors' Rights and Bankruptcy
410(31)
Laws Assisting Creditors
410(6)
Laws Assisting Debtors
416(1)
Bankruptcy and Reorganization
416(1)
Liquidation
417(11)
Reorganization
428(3)
Bankruptcy Relief under Chapter 13 and Chapter 12
431(10)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Six Extended Case Study: Archer v. Warner
439(2)
UNIT SEVEN Employment Relations
441(48)
Agency Relationships
442(21)
Agency Relationships
442(3)
How Agency Relationships Are Formed
445(1)
Duties of Agents and Principals
446(3)
Agent's Authority
449(2)
Liability in Agency Relationships
451(5)
Management Perspective: Online Advertising and E-Agents
454(2)
How Agency Relationships Are Terminated
456(7)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Employment Law
463(26)
Employment at Will
463(2)
Wage and Hour Laws
465(1)
Labor Unions
466(2)
Worker Health and Safety
468(1)
Income Security
469(2)
Family and Medical Leave
471(1)
Employment Discrimination
472(8)
Management Perspective: Responding to Sexual Harassment in the Workplace
477(3)
Affirmative Action
480(1)
State Statutes
481(8)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Seven Extended Case Study: Redi-Floors, Inc. v. Sonenberg Co.
487(2)
UNIT EIGHT Business Organizations
489(98)
Sole Proprietorships, Partnerships, and Limited Liability Companies
490(25)
Sole Proprietorships
490(1)
The Law Governing Partnerships
491(10)
Limited Liability Partnerships
501(1)
Limited Partnerships
502(4)
Adapting the Law to the Online Environment: Jurisdiction Issues in Limited Partnerships
504(2)
Limited Liability Companies
506(3)
Management Perspective: The Importance of Operating Agreements
508(1)
Special Business Forms
509(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Corporate Formation, Financing, and Termination
515(26)
The Nature of the Corporation
515(3)
Adapting the Law to the Online Environment: The Internet Taxation Debate
517(1)
Corporate Powers
518(1)
Classification of Corporations
518(3)
Corporate Formation
521(4)
Corporate Status
525(2)
Corporate Financing
527(2)
Merger and Consolidation
529(3)
Purchase of Assets
532(1)
Purchase of Stock
533(1)
Termination
533(8)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Corporate Directors, Officers, and Shareholders
541(20)
Role of Directors
541(3)
Adapting the Law to the Online Environment: The Timing of Directors' Actions in an Electronic Age
544(1)
Role of Corporate Officers and Executives
544(1)
Duties and Liabilities of Directors and Officers
545(2)
Role of Shareholders
547(3)
Rights of Shareholders
550(2)
Liability of Shareholders
552(1)
Duties of Majority Shareholders
553(1)
Major Business Forms Compared
554(7)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Investor Protection and Corporate Governance
561(26)
The Securities and Exchange Commission
561(1)
Securities Act of 1933
562(6)
Securities Exchange Act of 1934
568(5)
Landmark and Classic Cases: SEC v. Texas Gulf Sulphur Co.
569(4)
Corporate Governance
573(3)
The Regulation of Investment Companies
576(1)
State Securities Laws
577(1)
Online Securities Offerings and Disclosures
577(10)
Adapting the Law to the Online Environment: Will Inaccurate Information in an Electronic Prospectus Invalidate the Registration?
579(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Eight Extended Case Study: Gottsacker v. Monnier
585(2)
UNIT NINE Property and Its Protection
587(50)
Personal Property and Bailments
588(15)
Property Ownership
588(2)
Acquiring Ownership of Personal Property
590(3)
Landmark and Classic Cases: In re Estate of Piper
591(2)
Mislaid, Lost, and Abandoned Property
593(1)
Bailments
594(9)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Real Property and Landlord-Tenant Law
603(15)
The Nature of Real Property
603(2)
Ownership Interests in Real Property
605(2)
Transfer of Ownership
607(4)
Leasehold Estates
611(1)
Landlord-Tenant Relationships
612(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Insurance, Wills, and Trusts
618(19)
Insurance
618(6)
Wills
624(4)
Trusts
628(9)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Nine Extended Case Study: Ace Equipment Sales, Inc. v. Buccino
635(2)
UNIT TEN Special Topics
637
Professional Liability
638(17)
Potential Common Law Liability to Clients
638(4)
Auditors' Liability to Third Parties
642(2)
The Sarbanes-Oxley Act of 2002
644(2)
Potential Statutory Liability of Accountants
646(2)
Potential Criminal Liability
648(1)
Confidentiality and Privilege
649(1)
Limiting Professionals' Liability
649(6)
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
International Law
655
International Principles and Doctrines
655(2)
Doing Business Internationally
657(1)
Commercial Contracts in an International Setting
658(2)
Making Payment on International Transactions
660(1)
Regulation of Specific Business Activities
660(2)
U.S. Antidiscrimination Laws in a Global Context
662
Terms and Concepts
Chapter Summary
For Review
Questions and Case Problems
Accessing the Internet
Unit Ten Extended Case Study: Dole Food Co. v. Patrickson
666
APPENDICES
Appendix A Answers to Even-Numbered For Review Questions
1(8)
Appendix B Sample Answers for End-of-Chapter Questions with Sample Answer
9(7)
Appendix C How to Brief Cases and Analyze Case Problems
16(3)
Appendix D The Constitution of the United States
19(8)
Appendix E The Uniform Commercial Code (Excerpts)
27(136)
Appendix F The Sarbanes-Oxley Act of 2002 (Excerpts and Explanatory Comments)
163
Glossary 1(1)
Table of Cases 1(1)
Index 1


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