West's Business Law: Text, Cases, Legal, Ethical, Regulatory, and International Environment

by Kenneth W. Clarkson; Gaylord A. Jentz; Roger Leroy Miller

• ISBN13: 9780538879798
• ISBN10: 0538879793
• Edition: 7th
• Format: Paperback
• Copyright: 1997-08-21
• Publisher: South-Western College/West

Summary

This best-selling comprehensive book integrates excerpted (edited) cases in a student accessible format. All legal terms are defined when first introduced. To aid the reader in putting the cases in context and to address some of the AACSB requirements, most cases begin with either a Historical Setting or a Company Profile. This text meets all AACSB curriculum standards, and addresses all business law topics covered on the CPA exam. Also, for those that plan to take the CPA exam, there is an additional CPA supplement. To make it easier to pull together the wide array of supplements from which to select, we offer an Instructor's Course Planning Guide. This text is also available in an Interactive CD-ROM Edition. The CD-ROM can be used either as a stand alone item or in conjunction with the text. Along with inclusion of the entire text, the CD-ROM includes many enhancements such as video, audio, interactive learning labs, Internet access, full case presentations, interactive study guide, and a notebook function the students can use to make their own notes.

Table of Contents

UNIT ONE The Legal Environment of Business	1	(202)
1 Introduction to Law and Legal Reasoning	2	(22)
2 Business Ethics	24	(14)
3 Courts and Alternative Dispute Resolution	38	(20)
4 Court Procedures	58	(21)
5 Constitutional Authority to Regulate Business	79	(19)
6 Torts and Strict Liability	98	(22)
7 Basic Business Torts	120	(10)
8 Product Liability	130	(11)
9 Intellectual Property and Cyberlaw	141	(20)
10 Criminal Law and Procedures	161	(19)
11 Comparative Law	180	(18)
FOCUS ON ETHICS: Ethics and the Legal Environment of Business	198	(5)
UNIT TWO Contracts	203	(136)
12 Nature and Terminology	204	(13)
13 Agreement	217	(16)
14 Consideration	233	(13)
15 Capacity	246	(14)
16 Genuineness of Assent	260	(14)
17 Legality and the Statute of Frauds	274	(20)
18 Third Party Rights	294	(11)
19 Performance and Discharge	305	(14)
20 Breach of Contract and Remedies	319	(16)
FOCUS ON ETHICS: Contract Law and the Application of Ethics	335	(4)
UNIT THREE Domestic and International Sales and Lease Contracts	339	(96)
21 The Formation of Sales and Lease Contracts	340	(30)
22 Title, Risk, and Insurable Interest	370	(17)
23 Performance of Sales and Lease Contracts	387	(14)
24 Remedies for Breach of Sales and Lease Contracts	401	(13)
25 Sales and Lease Warranties	414	(16)
FOCUS ON ETHICS: Domestic and International Sales and Lease Contracts	430	(5)
UNIT FOUR Negotiable Instruments	435	(84)
26 Basic Concepts, Negotiability, and Transferability	436	(22)
27 Holder in Due Course and Defenses	458	(16)
28 Liability and Discharge	474	(16)
29 Checks and Electronic Fund Transfers	490	(24)
FOCUS ON ETHICS: Negotiable Instruments	514	(5)
UNIT FIVE Creditors' Rights and Bankruptcy	519	(64)
30 Secured Transactions	520	(26)
31 Other Creditors' Remedies and Suretyship	546	(13)
32 Bankruptcy and Reorganization	559	(20)
FOCUS ON ETHICS: Creditors' Rights and Bankruptcy	579	(4)
UNIT SIX Agency	583	(40)
33 Agency Formation and Duties	584	(12)
34 Liability to Third Parties and Termination	596	(23)
FOCUS ON ETHICS: Agency	619	(4)
UNIT SEVEN Employment and Labor Relations	623	(42)
35 Employment and Labor Law	624	(18)
36 Employment Discrimination	642	(19)
FOCUS ON ETHICS: Employment and Labor Relations	661	(4)
UNIT EIGHT Business Organizations	665	(124)
37 Forms of Business Organizations and Private Franchises	666	(17)
38 PARTNERSHIPS -- Nature, Formation, and Operation	683	(17)
39 PARTNERSHIPS -- Termination, Limited Partnerships, and Limited Liability Partnerships	700	(13)
40 CORPORATIONS -- Formation and Financing	713	(20)
41 CORPORATIONS -- Directors, Officers, and Shareholders	733	(20)
42 CORPORATIONS -- Merger, Consolidation, and Termination	753	(12)
43 CORPORATIONS -- Securities Regulation and Investor Protection	765	(19)
FOCUS ON ETHICS: Business Organizations	784	(5)
UNIT NINE Government Regulation	789	(72)
44 Administrative Law	790	(18)
45 Consumer Law	808	(16)
46 Environmental Law	824	(16)
47 Antitrust Law	840	(16)
FOCUS ON ETHICS: Government Regulation	856	(5)
UNIT TEN Property	861	(68)
48 Personal Property	862	(14)
49 Bailments	876	(16)
50 Real Property	892	(18)
51 Landlord-Tenant Relationships	910	(15)
FOCUS ON ETHICS: Property	925	(4)
UNIT ELEVEN Special Topics	929
52 Insurance	930	(17)
53 Wills, Trusts, and Estates	947	(22)
54 Liability of Accountants and Other Professionals	969	(18)
55 The International Legal Environment	987	(16)
56 Law for Entrepreneurs	1003	(19)
FOCUS ON ETHICS: Special Topics	1022
Guide to Personal Law	P-1
Appendices
A How to Brief a Case and Selected Cases	A-1	(15)
B The Constitution of the United States	A-16	(9)
C The Uniform Commercial Code	A-25	(144)
D The United Nations Convention on Contracts for the International Sale of Goods (Excerpts)	A-169	(4)
E The Uniform Partnership Act	A-173	(9)
F The Revised Uniform Partnership Act (Excerpts)	A-182	(4)
G The Revised Uniform Limited Partnership Act	A-186	(11)
H The Revised Model Business Corporation Act (Excerpts)	A-197	(11)
I The Uniform Limited Liability Company Act (Excerpts)	A-208	(3)
J The Securities Act of 1933 (Excerpts)	A-211	(2)
K The Securities Exchange Act of 1934 (Excerpts)	A-213	(1)
L Title VII of the Civil Rights Act of 1964 (Excerpts)	A-214	(2)
M The Americans with Disabilities Act of 1990 (Excerpts)	A-216	(2)
N The Civil Rights Act of 1991 (Excerpts)	A-218	(2)
O The Administrative Procedure Act of 1946 (Excerpts)	A-220	(2)
P The General Agreement on Tariffs and Trade of 1994 (Excerpts)	A-222	(4)
Q The North American Free Trade Agreement of 1993 (Excerpts)	A-226	(4)
R Spanish Equivalents for Important Legal Terms in English	A-230
Glossary	G-1
Table of Cases	TC-1
Index	I-1