Business Law : Principles, Cases, and Policy
This classic book spans all topics covered in a legal environment course or a traditional business law course. It is extremely clear and well written, and contains numerous cases that illustrate legal principles in actual practice. The facts of the cases are summarized in the author's words followed by a significant excerpt from the court's opinion. Other key content in this edition includes: an exciting new chapter on technology law, an expanded discussion of requirements and output contracts of the Uniform Commercial Code, added coverage of government regulation of credit, a complete revision of the secured transactions material, new coverage of Uniform Prudent Investor Act, updated principal and income allocation material, expanded coverage of limited liability partnerships, updated corporations and securities regulation coverage, increased coverage of the rule of reason under the Sherman Act, and coverage of the new auditor independence rules.
- Hardback | 1358 pages
- 203.2 x 254 x 58.42mm | 2,599.07g
- 14 Aug 2001
- Pearson Education (US)
- United States
- 5th edition
Table of contents
(Each chapter concludes with a Summary, Key Terms and Questions and Problems.)Guide to Reading Legal Cases. I. INTRODUCTION TO LAW AND THE LEGAL SYSTEM. 1. Law and Courts. Introduction to Law an Business Law. Sources of Law in the United States. American Court Systems.2. Civil Dispute Resolution. Alternative Dispute Resolution. Litigation-Pretrial Proceedings. Trial. Post-Trial Proceedings.3. Criminal Law and Procedure. Substantive Criminal Law. Criminal Procedure.4. The Constitution and Business Regulation. Governmental Power to Regulate Business and Commerce. Constitutional Limitations on Federal and State Regulation of Business. Administrative Agencies.5. Tort Law. Introduction to Tort Law. Intentional Torts. Negligence. Strict Liability.6. Introduction to Property and the Uniform Commercial Code. Introduction to Property. Introduction to the Uniform Commercial Code (UCC).II. CONTRACTS. 7. Introduction to Contracts. The Law of Contracts. Types of Contracts. Scope and Organization of Contract Study.8. Contract Formation-Agreement. The Offer. Termination of the Offer Before Acceptance. Acceptance.9. Contract Formation-Consideration. The Doctrine of Consideration. Legal Detriment. Bargained-for Exchange. Settlement of Claims. Mutuality of Consideration. Promissory Estoppel.10. Capacity and Legality. Contractual Capacity. Unenforceability on Public Policy Grounds.11. Genuine Assent. Fraud (Deceit) and Misrepresentation. Mistake. Duress and Undue Influence.12. Written Agreements. Contract Interpretation. Effect of Adopting a Writing: The Parol Evidence Rule. The Statute of Frauds. Effect of Alteration.13. Third Parties. Assignment and Delegation. Third-Party Beneficiaries.14. Performance of the Contract. Conditions. Performance and Breach. Effect of Prospective Nonperformance. Excuses for Nonperformance.15. Contract Remedies. The Role of Contract Remedies. Enforcement by an Award of Damages-The Remedy at Law. Equitable Remedies-Specific Performance, Injunction Against Breach, and Reformation. Restitution. Election of Remedies.III. SALES. 16. The Sales Contract-General Obligations. Introduction to the Sales Contract. General Obligations of the Parties. Open Price and Quantity Terms. Auction Sales-2-328. Personal Property Leases.17. The Sales Contract-Title and Risk of Loss. Passage of Title. Identification. Risk of Loss.18. The Sales Contract-Remedies. Remedial Philosophy of the Code. Buyers' Obligations. Buyers' Remedies. Sellers' Remedies. Statute of Limitations.19. The Sales Contract-Warranties. Introduction to Warranties. Express Warranties. Implied Warranties. Warranty of Title and Against Infringement. Conflict of Warranties-2-317. Remedies for Breach of Warranty. Magnuson-Moss Warranty Act.20. Products Liability. Overview of Modern Products Liability Law. Negligence. Strict Liability in Tort. Products Liability Today.IV. NEGOTIABLE INSTRUMENTS. 21. Introduction to Negotiable Instruments. Introduction to Article 3. Introduction to Negotiability.22. Negotiability. Formal Requisites of Negotiability. Incomplete Instructions.23. Negotiation. Introduction to Negotiation. Indorsements. Negotiation Subject to Rescission.24. Holders in Due Course. General Requirements. Rights of a Holder in Due Course.25. Liability of Parties-Contract Liability. Liability Based upon Signature. Primary Liability. Secondary Liability. Accommodation Parties. Effect of Instrument on Underlying Obligation.26. Liability of Parties-Forgery and Alteration. Basic Concepts of Forgery and Alteration. Forgery and Alteration-Specific Problems.27. Bank Deposits and Collections; Credit Cards and Electronic Fund Transfers. The Check Collection Process. Legal Aspects of the Check Collection Process. Relationship Between Payor Bank and Its Customer. Credit Cards. Electronic Funds Transfer.V. DEBTOR-CREDITOR RELATIONS. 28. Introduction to Debtor-Creditor Relations. The Law of Debtors and Creditors. Government Regulation of Credit.29. Creditors' Remedies. State Debt Collection Remedies. Fraudulent Conveyances and Bulk Sales.30. Bankruptcy. Introduction to Bankruptcy. Straight Bankruptcy-Chapter 7. Rehabilitation-Chapters 11, 12 and 13. Collective Creditors' Remedies Outside Bankruptcy.31. Introduction to Secured Transactions. Introduction to Article 9 of the UCC. Attachment of a Security Interest. Perfection of a Security Interest. Default.32. Secured Transactions-Priorities. General Rules of Priority. The Floating Lien Priority Rules. Priorities in Fixtures-9-334. Special Topics.33. Suretyship. Introduction to Suretyship. The Suretyship Contract. Relationship Between Surety and Principal. Relationship Between Surety and Creditor-In General. Relationship Between Surety and Creditor-Surety's Defenses. Multiple Sureties.VI. PROPERTY. 34. Personal Property Ownership and Transfer. Introduction to Property Ownership and Transfer. Acquiring Title to, or an Interest in, Personal Property. Fixtures.35. Bailments, Documents of Title, and Letters of Credit. Introduction to Bailments. General Liability of the Bailer. Bailments for Shipment or Storage. Letters of Credit.36. Real Property Ownership. Freehold Estates in Property. Co-ownership of Property. Introduction to Landlord and Tenant. Rights and Obligations of Landlord and Tenant. Transferring Interests in Leased Property.37. Real Property Transfer. Voluntary Transfer of Real Property by Sale-Conveyancing. Financing Real Property. Transfer of Real Property by Adverse Possession.38. Regulating Land Use. Private Regulation of Land Use. Public Regulation of Land Use.39. Decedents' Estates and Trusts. Introduction to Transfers on Death. Wills and Intestate Succession. Introduction to Trusts. Creation, Modification, and Termination of Trusts. Trust Administration. Principal and Income Allocation. Charitable Trusts. Resulting Trusts.VII. BUSINESS ORGANIZATIONS. 40. Introduction to Agency. General Principles of Agency. Agency and Contracts. Liability of Principal for Notice of Agent. Termination of Agency Powers.41. Agency and Torts. Tort Liability of Principal and Agent. Worker's Compensation.42. Introduction to Partnership. Forms of Business Organizations. Introduction to Partnership Law. Nature and Formation of Partnership. Relationship Among Partners.43. Operation and Termination of Partnership. General Partners and Third Parties. Dissociation, Dissolution, and Liquidation.44. Limited Partnership and Limited Liability Companies. Limited Partnership. Limited Liability Companies.45. Introduction to Corporations. The Law of Corporations. Incorporation and Admission. Promoter and Shareholder Liability.46. Corporate Financial Structure. Introduction to Corporate Financial Structure. Ownership and Transfer of Securities. Dividends, Distributions, and Redemptions.47. Corporate Management-Structure and Duties. Shareholders. Corporate Management. Duties of Management.48. Corporate Management-Special Topics. Corporate Litigation. Extraordinary Corporate Matters. The Closely-Held Corporation-Special Problems.VIII. GOVERNMENT REGULATION OF BUSINESS. 49. Securities Regulation. Introduction to Securities Regulation. The Securities Act of 1933-Registration. Exemption from 1933 Act Registration. Liability Under the 1933 Act. Introduction to the Securities Exchange Act of 1934. 1934 Act Corporate Control Regulation. 1934 Act Insider Trading and Antifraud Regulation.50. Introduction to Antitrust Law. Historical Background. Enforcing the Antitrust Laws. The Reach of the Antitrust Laws-Scope and Regulations. Economics and Antitrust.51. The Sherman Act. Introduction to 1. Horizontal Restraints. Vertical Restraints. Monopolization.52. The Clayton Act and Federal Trade Commission Act. Price Discrimination-The Robinson-Patman Act. Mergers-Clayton Act 7. Federal Trade Commission Act.53. Employee Protection and Labor Law. Employee Protection Statutes. Labor Law.54. Federal Equal Employment Opportunity Laws. Title VII of the Civil Rights Act of 1964. Age Discrimination in Employment Act. Title I of the Americans with Disabilities Act. Enforcement of Title VII, the ADEA, and Title I. Other Statutes Limiting Employment Discrimination.55. Environmental Law. Introduction to Environmental Law. Clear Air Act. Clean Water Act. Regulation of Toxic and Hazardous Substances. National Environmental Policy Act.IX. SPECIAL TOPICS. 56. Accountants' Liability. Common Law Liability. Statutory Liability. Accountant-Client Privilege. The Return Preparation Liability.57. Insurance Law. Introduction to Insurance. Insurable Interest. Persons and Interests Protected; Risk Transferred. Claims and Recovery. Rights and Defenses of Insurer.58. International Legal Problems. International Law and Organizations. Distribution of National Powers Over Foreign Affairs. National Courts in the International Setting. Treatment of Foreign Nationals and Their Property. National Courts and Foreign Sovereignty.59. Technology Law. Intellectual Property. Computer Law and Cyberlaw.Glossary. Appendix A. The Constitution of the United States. Appendix B. Uniform Commercial Code (2000 Official Test). Appendix C. Revised Uniform Partnership Act (1994) [Including the Uniform Limited Liability Partnership Amendments (1997)]. Appendix D. Revised Uniform Limited Partnership Act (1976) with 1985 Amendments. Appendix E. Revised Model Business Corporation Act (1984) (As Amended Through May 2001). Credits. Table of Cases. Index.