Preface | p. ix |
The Legal System and the Legal Environment of Business | p. 1 |
Introduction to Law | p. 2 |
Objectives of Law | p. 3 |
Roots of Our Legal System | p. 3 |
The Common Law | p. 3 |
Equity | p. 3 |
Sources of Law | p. 4 |
Civil versus Criminal Law | p. 6 |
Tort Law | p. 7 |
Ethics | p. 8 |
Questions | p. 10 |
Courts and Court Procedure | p. 11 |
Function of the Courts | p. 11 |
Jurisdiction of Courts | p. 12 |
Classification of Courts | p. 12 |
Court Officers | p. 17 |
Procedure in Courts of Record | p. 18 |
Procedure in Small Claims Court | p. 19 |
Questions | p. 20 |
Business Torts and Crimes | p. 21 |
Torts | p. 21 |
Crimes | p. 27 |
Types of Business Crimes | p. 27 |
Questions | p. 33 |
Case Problems | p. 34 |
Government Regulation of Business | p. 37 |
Purpose of Regulation | p. 38 |
Administrative Agencies | p. 38 |
Antitrust | p. 40 |
Environmental Protection | p. 41 |
Questions | p. 44 |
Contracts | p. 45 |
Nature and Classes of Contracts | p. 46 |
Requirements for a Contract | p. 47 |
Contracts Contrasted with Agreements | p. 47 |
Classification of Contracts | p. 48 |
Questions | p. 52 |
Case Problems | p. 53 |
Offer and Acceptance | p. 55 |
Requirements of a Valid Offer | p. 56 |
Invitations to Make Offers | p. 57 |
Duration of the Offer | p. 59 |
The Acceptance | p. 60 |
Counteroffers | p. 61 |
Inquiries Not Constituting Rejection | p. 62 |
Manner of Acceptance | p. 62 |
Questions | p. 63 |
Case Problems | p. 63 |
Capacity to Contract | p. 65 |
Minors | p. 66 |
Mentally Incompetent Persons | p. 69 |
Intoxicated Persons | p. 71 |
Convicts | p. 71 |
Questions | p. 71 |
Case Problems | p. 72 |
Consideration | p. 74 |
Nature of Consideration | p. 74 |
Adequacy of Consideration | p. 75 |
Exceptions to Requirement of Consideration | p. 79 |
Questions | p. 80 |
Case Problems | p. 81 |
Defective Agreements | p. 83 |
Mistakes | p. 83 |
Mistakes That Invalidate Contracts | p. 84 |
Mistakes That Do Not Invalidate Contracts | p. 86 |
Fraud | p. 88 |
Duress | p. 90 |
Undue Influence | p. 91 |
Remedies for Breach of Contract Because of Fraud, Duress, or Undue Influence | p. 92 |
Questions | p. 93 |
Case Problems | p. 94 |
Illegal Agreements | p. 96 |
Contracts Prohibited by Statute | p. 97 |
Contracts Contrary to Public Policy | p. 102 |
Questions | p. 103 |
Case Problems | p. 104 |
Written Contracts | p. 106 |
Reasons for Written Contracts | p. 106 |
Statute of Frauds | p. 107 |
Note Or Memorandum | p. 110 |
Other Written Contracts | p. 111 |
Parol Evidence Rule | p. 112 |
Questions | p. 112 |
Case Problems | p. 113 |
Third Parties and Contracts | p. 115 |
Involving a Third Party | p. 115 |
Technicalities of an Assignment | p. 119 |
Joint, Several, and Joint and Several Contracts | p. 121 |
Questions | p. 123 |
Case Problems | p. 123 |
Termination of Contracts | p. 125 |
Methods by Which Contracts Are Terminated | p. 125 |
Remedies for Breach of Contract | p. 131 |
Malpractice | p. 133 |
Questions | p. 134 |
Case Problems | p. 134 |
Summary Cases | p. 137 |
Personal Property | p. 141 |
Nature of Personal Property | p. 142 |
Personal Property | p. 142 |
Methods of Acquiring Personal Property | p. 144 |
Bailments | p. 147 |
The Bailment Agreement | p. 148 |
Delivery and Acceptance | p. 148 |
Return of the Bailed Property | p. 149 |
Types of Bailments | p. 149 |
Conversion of Bailed Property by the Bailee | p. 151 |
Questions | p. 152 |
Case Problems | p. 152 |
Special Bailments | p. 155 |
Carriers | p. 155 |
Liability of Common Carriers of Goods | p. 157 |
Hotelkeepers | p. 163 |
Questions | p. 166 |
Case Problems | p. 166 |
Summary Cases | p. 169 |
Sales | p. 171 |
Sales of Personal Property | p. 172 |
Property Subject to Sale | p. 172 |
Sales and Contracts to Sell | p. 173 |
Sales of Goods and Contracts for Services | p. 174 |
Price | p. 174 |
Existing Goods | p. 175 |
Future Goods | p. 175 |
Bill of Sale | p. 176 |
Illegal Sales | p. 177 |
International Sales Contracts | p. 177 |
Questions | p. 178 |
Case Problems | p. 178 |
Formalities of a Sale | p. 180 |
Multiple Purchases and the Statute of Frauds | p. 181 |
When Proof of Oral Contract Is Permitted | p. 181 |
Nature of the Writing Required | p. 183 |
Questions | p. 185 |
Case Problems | p. 185 |
Transfer of Title and Risk in Sales Contracts | p. 187 |
Potential Problems in Sales Transactions | p. 188 |
Classification of Sales Transactions | p. 188 |
Ownership, Insurable Interests, and Risk of Loss in Particular Transactions | p. 189 |
Damage to Or Destruction of Goods | p. 192 |
Sales on Approval and with Right to Return | p. 193 |
Special Rules on Transfer of Title | p. 194 |
Questions | p. 197 |
Case Problems | p. 198 |
Warranties, Product Liability, and Consumer Protection | p. 200 |
Express Warranties | p. 201 |
Implied Warranties | p. 202 |
Full Or Limited Warranties | p. 202 |
Warranties of All Sellers | p. 202 |
Additional Warranties of Merchant | p. 204 |
Warranties in Particular Sales | p. 206 |
Exclusion and Surrender of Warranties | p. 207 |
Product Liability | p. 209 |
Identity of Parties | p. 211 |
Nature and Cause of Harm | p. 211 |
Consumer Protection | p. 212 |
Questions | p. 218 |
Case Problems | p. 218 |
Summary Cases | p. 221 |
Negotiable Instruments | p. 223 |
Nature of Negotiable Instruments | p. 224 |
History and Development | p. 224 |
Negotiation | p. 225 |
Order Paper and Bearer Paper | p. 225 |
Classification of Commercial Paper | p. 226 |
Parties to Negotiable Instruments | p. 227 |
Negotiation and Assignment | p. 229 |
Credit and Collection | p. 230 |
Electronic Fund Transfers | p. 230 |
Questions | p. 231 |
Case Problems | p. 232 |
Essentials of Negotiability | p. 234 |
Requirements | p. 234 |
Issue and Delivery | p. 239 |
Delivery of an Incomplete Instrument | p. 239 |
Dare and Place | p. 240 |
Questions | p. 241 |
Case Problems | p. 241 |
Promissory Notes and Drafts | p. 243 |
Notes | p. 243 |
Drafts | p. 245 |
Checks | p. 248 |
Questions | p. 253 |
Case Problems | p. 254 |
Negotiation and Discharge | p. 256 |
Place of Indorsement | p. 257 |
Multiple Payees | p. 258 |
Kinds of Indorsements | p. 259 |
Liability of Indorser | p. 261 |
Obligation of Negotiator of Bearer Paper | p. 261 |
Discharge of the Obligation | p. 262 |
Questions | p. 262 |
Case Problems | p. 263 |
Liabilities of Parties and Holders in Due Course | p. 265 |
Liability for the Face of the Paper | p. 267 |
Liability for Warranties | p. 271 |
Holders in Due Course | p. 272 |
Holder Through a Holder in Due Course | p. 274 |
Holders of Consumer Paper | p. 274 |
Questions | p. 276 |
Case Problems | p. 276 |
Defenses | p. 279 |
Classification of Defenses | p. 280 |
Miscellaneous Matters | p. 284 |
Questions | p. 284 |
Case Problems | p. 285 |
Summary Cases | p. 287 |
Agency and Employment | p. 291 |
Nature and Creation of an Agency | p. 292 |
Importance of Agency | p. 293 |
What Powers May be Delegated to an Agent? | p. 293 |
Who May Appoint an Agent? | p. 293 |
Who May Act as an Agent? | p. 294 |
Classification of Agents | p. 294 |
Additional Types of Agents | p. 295 |
Extent of Authority | p. 295 |
Creation of an Agency | p. 297 |
Other Employment Relationships | p. 299 |
Questions | p. 300 |
Case Problems | p. 300 |
Operation and Termination of an Agency | p. 303 |
Agent's Duties to Principal | p. 303 |
Principal's Duties to Agent | p. 305 |
Agent's Liabilities to Third Parties | p. 307 |
Principal's Duties and Liabilities to Third Parties | p. 308 |
Termination of an Agency by Acts of the Parties | p. 308 |
Termination by Operation of Law | p. 309 |
Notice of Termination | p. 310 |
Questions | p. 311 |
Case Problems | p. 311 |
Employer and Employee Relations | p. 314 |
Creation of Employer and Employee Relationship | p. 315 |
Duties and Liabilities of the Employer | p. 316 |
Common-law Defenses of the Employer | p. 317 |
Statutory Modification of Common Law | p. 317 |
Liabilities of the Employer to Third Parties | p. 319 |
Employee's Duties to the Employer | p. 320 |
Federal Social Security Act | p. 321 |
Questions | p. 323 |
Case Problems | p. 323 |
Employees' Rights | p. 325 |
Discrimination | p. 326 |
Testing | p. 332 |
Protections | p. 334 |
Other Sources of Rights | p. 336 |
Questions | p. 337 |
Case Problems | p. 337 |
Labor Legislation | p. 340 |
The Fair Labor Standards Act | p. 341 |
The National Labor Relations Act and the Labor Management Relations Act | p. 342 |
The Labor-Management Reporting and Disclosure Act | p. 345 |
Questions | p. 347 |
Case Problems | p. 347 |
Summary Cases | p. 350 |
Business Organization | p. 353 |
Introduction to Business Organization | p. 354 |
Sole Proprietorship | p. 354 |
Partnership | p. 357 |
Corporations | p. 360 |
Questions | p. 363 |
Case Problems | p. 363 |
Creation and Operation of a Partnership | p. 365 |
Partnership Agreements | p. 365 |
Partnership Firm Name | p. 367 |
Partner's Interest in Partnership Property | p. 368 |
Duties of Partners | p. 368 |
Rights of Partners | p. 370 |
Liabilities of Partners | p. 372 |
Nature of Partnership Liabilities | p. 373 |
Authority of a Partner | p. 374 |
Sharing of Profits and Losses | p. 374 |
Questions | p. 374 |
Case Problems | p. 375 |
Dissolution of a Partnership | p. 378 |
Dissolution by Acts of the Parties | p. 379 |
Dissolution by Court Decree | p. 380 |
Dissolution by Operation of Law | p. 381 |
Effects of Dissolution | p. 382 |
Notice of Dissolution | p. 383 |
Distribution of Assets | p. 383 |
Questions | p. 384 |
Case Problems | p. 384 |
Nature of a Corporation | p. 387 |
Classification by Purpose | p. 387 |
Classification by State of Incorporation | p. 389 |
Formation of a Corporation | p. 389 |
Liability on Promoter's Contracts and Expenses | p. 389 |
Issuance of Stock | p. 390 |
Articles of Incorporation | p. 391 |
Powers of a Corporation | p. 391 |
Ultra Vires Contracts | p. 392 |
Questions | p. 393 |
Case Problems | p. 393 |
Ownership of a Corporation | p. 395 |
Ownership | p. 396 |
Stock Certificate | p. 396 |
Transfer of Stock | p. 396 |
Classes of Stock | p. 397 |
Kinds of Stock | p. 398 |
Stock Options | p. 400 |
Dividends | p. 400 |
Laws Regulating Stock Sales | p. 401 |
Questions | p. 403 |
Case Problems | p. 403 |
Management and Dissolution of a Corporation | p. 405 |
Stockholders' Meetings | p. 406 |
Rights of Stockholders | p. 409 |
Directors | p. 410 |
Officers | p. 411 |
Liabilities of Directors and Officers | p. 412 |
Corporate Combinations | p. 413 |
Dissolution | p. 414 |
Questions | p. 414 |
Case Problems | p. 414 |
Summary Cases | p. 417 |
Risk-Bearing Devices | p. 421 |
Principles of Insurance | p. 422 |
Terms Used in Insurance | p. 423 |
Types of Insurance Companies | p. 424 |
Who May be Insured | p. 424 |
Some Legal Aspects of the Insurance Contract | p. 426 |
Questions | p. 429 |
Case Problems | p. 430 |
Types of Insurance | p. 432 |
Life Insurance | p. 432 |
Property Insurance | p. 436 |
Description of the Property | p. 438 |
Coinsurance | p. 438 |
Repairs and Replacements | p. 439 |
Defense and Notice of Lawsuits | p. 439 |
Automobile Insurance | p. 440 |
Questions | p. 444 |
Case Problems | p. 444 |
Security Devices | p. 446 |
Guaranty and Suretyship | p. 446 |
Secured Credit Sales | p. 451 |
Effect of Default | p. 453 |
Questions | p. 454 |
Case Problems | p. 455 |
Bankruptcy | p. 457 |
Who Can File a Petition of Bankruptcy? | p. 458 |
Kinds of Debtors | p. 458 |
Required Counselling | p. 459 |
Procedure in a Chapter 7 Case | p. 459 |
Nonliquidation Plans | p. 459 |
Eligibility Restrictions for Chapter 7 | p. 460 |
Exempt Property | p. 461 |
Included Property | p. 461 |
Debtor's Duties During Bankruptcy | p. 461 |
Proof of Claims | p. 462 |
Reclamations | p. 462 |
Types of Claims | p. 462 |
Priority of Claims | p. 463 |
Discharge of Indebtedness | p. 463 |
Debts not Discharged | p. 463 |
Questions | p. 464 |
Case Problems | p. 464 |
Summary Cases | p. 466 |
Real Property | p. 469 |
Nature of Real Property | p. 470 |
Distinguishing Real Property | p. 470 |
Multiple Ownership | p. 472 |
Estates in Property | p. 474 |
Other Interests in Real Property | p. 475 |
Acquiring Real Property | p. 477 |
Questions | p. 478 |
Case Problems | p. 478 |
Transfer of Real Property | p. 480 |
Deeds | p. 480 |
Provisions in a Deed | p. 483 |
Delivery | p. 485 |
Recording | p. 485 |
Abstract of Title | p. 486 |
Title Insurance | p. 486 |
Questions | p. 486 |
Case Problems | p. 486 |
Real Estate Mortgages | p. 489 |
The Mortgage Contract | p. 490 |
Recording | p. 490 |
Duties of the Mortgagor | p. 492 |
Rights of the Mortgagor | p. 493 |
Foreclosure | p. 495 |
Assignment of the Mortgage | p. 496 |
Deed of Trust | p. 496 |
Mortgage Insurance | p. 497 |
Questions | p. 497 |
Case Problems | p. 498 |
Landlord and Tenant | p. 500 |
The Lease | p. 503 |
Types of Tenancies | p. 503 |
Rights of the Tenant | p. 505 |
Duties of the Tenant | p. 506 |
Rights of the Landlord | p. 507 |
Duties of the Landlord | p. 507 |
Termination of the Lease | p. 508 |
Improvements | p. 510 |
Discrimination | p. 511 |
Questions | p. 511 |
Case Problems | p. 511 |
Wills, Inheritances, and Trusts | p. 513 |
Limitations on Disposition of Property | p. 514 |
Terms Common to Wills | p. 515 |
Distinguishing Characteristics of a Will | p. 515 |
Formalities | p. 515 |
Special Types of Wills | p. 516 |
The Wording of a Will | p. 517 |
Revocation | p. 517 |
Codicils | p. 517 |
Abatement and Ademption | p. 519 |
Probate of a Will | p. 519 |
When Administration Is Unnecessary | p. 520 |
Title by Descent | p. 520 |
Per Capita and Per Stirpes Distribution | p. 520 |
Administrators | p. 522 |
Trusts | p. 522 |
Questions | p. 525 |
Case Problems | p. 525 |
Summary Cases | p. 528 |
Table of Cases | p. T1 |
Glossary | p. G1 |
Index | p. I1 |
Table of Contents provided by Ingram. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.