Business Law and the Legal Environment

, by Lieberman, Jethro Koller; Siedel, George J.

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ISBN: 9780155055162 | 015505516X
Cover: Hardcover
Copyright: 1/1/1992

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Author Biography

Supplemental Materials

Preface	p. v
To the Student	p. ix
The Legal Environment	p. 1
Law and the Legal System	p. 3
What Is Law?	p. 3
Classification of Types of Law	p. 5
Sources of Law	p. 10
Purposes of the U.S. Constitution	p. 12
Constitutional Law and Business	p. 15
The Development of the Common Law	p. 31
Nature of the Judicial Process	p. 36
Courts, Lawyers, and the Legal Process	p. 43
The Relationship of the State and Federal Court Systems	p. 43
Legal Procedure	p. 47
Who May Sue	p. 56
Relations with Lawyers	p. 60
Alternative Means of Resolving Disputes	p. 66
Criminal Law	p. 83
The Nature of Criminal Law	p. 83
Methods of Classifying	p. 84
Types of Crimes	p. 84
The Nature of a Criminal Act	p. 94
Responsibility	p. 100
Procedure	p. 107
Constitutional Rights of the Accused	p. 108
Torts	p. 113
Purpose of Tort Law	p. 113
Intentional Torts	p. 115
Negligence	p. 121
Strict Liability	p. 132
Injury to Economic Interests	p. 135
Libel and Slander	p. 137
Invasion of Privacy	p. 138
Tort Reform	p. 139
Administrative Law	p. 143
Administrative Agencies: Their Structure and Powers	p. 143
Controlling Administrative Agencies	p. 144
The Administrative Procedure Act	p. 146
Administrative Burdens on Business Operations	p. 148
The Scope of Judicial Review	p. 154
Business Ethics and Social Responsibility	p. 160
Convergence of the Law and Business Ethics	p. 161
Divergence of the Law and Business Ethics	p. 165
The Law and Social Change	p. 172
Contracts	p. 185
Introduction to Contract Law	p. 187
General Perspectives on Contracts	p. 187
Sources of Contract Law	p. 189
Basic Contract Taxonomy	p. 191
The Agreement	p. 204
The Agreement in General	p. 204
The Offer	p. 207
The Acceptance	p. 218
Consideration	p. 224
Illustrations of Consideration Theory	p. 225
Promises Enforceable without Consideration	p. 232
Legality	p. 241
Violation of Statute	p. 242
Violation of Public Policy	p. 248
Free Will, Knowledge, and Capacity	p. 257
Duress	p. 257
Undue Influence	p. 258
Misrepresentation	p. 261
Mistake	p. 268
Capacity	p. 271
Form and Meaning	p. 278
The Statute of Frauds	p. 278
Parol Evidence Rule	p. 291
Interpretation of Agreements	p. 296
Practicalities vs. Legalities	p. 296
Outsiders	p. 299
Third-Party Beneficiaries	p. 299
Assignees	p. 306
Delegation of Duties	p. 312
Discharge of Obligations	p. 318
Discharge of Contract Duties	p. 318
Discharge of Duties in General	p. 334
Remedies	p. 342
Theory of Contract Remedies	p. 342
Promisee's Interests	p. 343
Damages	p. 344
Specific Performance	p. 354
Restitution	p. 358
Election of Remedies	p. 359
The Sale, Storage, Shipment, and Leasing of Goods	p. 365
Introduction to Sales	p. 367
Commercial Transactions and the UCC	p. 367
Introduction to Sales Law	p. 368
Scope of Article 2	p. 368
General Obligations Under Article 2	p. 373
Title and Risk of Loss	p. 381
Transfer to Title	p. 381
Risk of Loss and Insurable Interest	p. 383
Special Terms	p. 385
Sales by Nonowners	p. 389
Bulk Sales/A Special "Costa Rican" Problem	p. 395
Performance and Remedies	p. 399
Performance: Introduction	p. 399
Performance by Seller	p. 399
Performance by Buyer	p. 402
Remedies in General	p. 407
Seller's Remedies	p. 410
Buyer's Remedies	p. 412
Product Liability	p. 417
Warranties	p. 418
Problems with Warranty Theory	p. 422
Strict Liability in Tort	p. 427
Negligence	p. 435
Product Liability Law Reform	p. 438
Bailments and the Storage, Shipment, and Leasing of Goods	p. 442
Elements of a Bailment	p. 443
Liability of Bailee	p. 445
Liability of the Bailor	p. 451
Other Rights and Duties	p. 451
Special Bailments	p. 452
Storage of Goods	p. 453
Shipment of Goods	p. 455
Negotiation and Transfer of Commodity Paper	p. 462
Lease of Goods	p. 464
Commercial Paper	p. 471
Nature and Form of Commercial Paper	p. 473
The Importance of Commercial Paper	p. 473
Future of Commercial Paper	p. 475
Commercial Paper in Economics and Finance	p. 476
Types of Commercial Paper and Parties	p. 476
Requirements for Negotiability	p. 481
Negotiation of Commercial Paper	p. 491
Transfer	p. 491
Liability of Transferors	p. 493
Methods of Transfer and Indorsement	p. 494
Forged Indorsements	p. 501
Holder in Due Course and Defenses	p. 506
Holder in Due Course	p. 506
Defenses	p. 514
Consumer Transactions and Holders in Due Course	p. 520
Liability and Discharge	p. 524
Signature by Authorized Representative	p. 524
Contract Liability of Parties	p. 527
Warrant Liability	p. 531
Discharge	p. 536
Legal Aspects of Banking	p. 540
Banks and Their Customers	p. 540
Electronic Funds Transfer	p. 550
Wholesale Transactions	p. 553
Letters of Credit	p. 554
Debtors and Creditors	p. 565
Consumer Credit Transactions	p. 567
Entering into a Credit Transaction	p. 567
Consumer Rights after a Credit Transaction	p. 579
Debt-Collection Practices	p. 579
Secured Transactions and Suretyship	p. 586
Introduction to Secured Transactions	p. 586
Property Subject to the Security Interest	p. 588
Creation and Perfection of the Security Interest	p. 591
Priorities	p. 598
Rights of Creditors on Default	p. 600
Introduction to Suretyship	p. 605
The Surety and Creditor	p. 606
Surety and Principal	p. 608
Rights among Co-Sureties	p. 608
Mortgages and Nonconsensual Liens	p. 611
Introduction to Mortgages	p. 611
Creation of the Mortgage	p. 613
Priorities	p. 617
Termination of Mortgage	p. 621
Other Methods of Using Real Estate as Security	p. 624
Nonconsensual Liens	p. 625
Bankruptcy	p. 630
Alternatives to Bankruptcy	p. 630
The Bankruptcy Reform Act	p. 631
Liquidation	p. 633
Adjustments of Debts of an Individual with Regular Income--Chapter 13	p. 645
Reorganization--Chapter 11	p. 648
Property, Estate Planning, and Insurance	p. 669
Introduction to Property: Personal Property and Fixtures	p. 671
The General Nature of Property Rights	p. 671
Personal Property	p. 674
Fixtures	p. 681
Intellectual Property	p. 687
Types of Intellectual Property	p. 687
Patents	p. 687
Trade Secrets	p. 690
Copyright	p. 694
Trademarks	p. 701
The Nature and Regulation of Real Estate and the Environment	p. 708
Introduction	p. 708
Estates	p. 708
Rights Incident to Possession and Ownership of Real Estate	p. 711
Easements: Rights in Land of Others	p. 717
Regulation of Land Use	p. 718
Environmental Law	p. 724
The Transfer of Real Estate by Sale	p. 735
Forms of Ownership	p. 735
Real Estate Brokers	p. 740
The Sales Agreement	p. 742
Proof of Title	p. 744
The Closing	p. 748
Adverse Possession	p. 751
Landlord and Tenant Law	p. 757
Types of Leaseholds	p. 757
Creation of Leasehold Estates	p. 758
Landlord's Duties and Tenant's Rights	p. 759
Tenant's Duties and Landlord's Rights	p. 765
Transfer of Landlord's or Tenant's Interest	p. 767
Landlord's Tort Liability	p. 770
Estate Planning: Wills, Estates, and Trusts	p. 775
Wills and Estate Administration	p. 775
Trusts	p. 786
Factors Affecting Both Estates and Trusts	p. 793
Examples of Estate Plans	p. 793
Insurance	p. 797
Definitions	p. 797
Types of Insurance	p. 798
Property Insurance	p. 799
Liability Insurance	p. 802
Life Insurance	p. 805
Insurer's Defenses	p. 808
Agency	p. 817
Relationships between Principal and Agent	p. 819
Introduction	p. 819
Types of Agents	p. 820
Independent Contractors	p. 822
Creation of Agency	p. 824
Agent's Duties to Principal	p. 825
Principal's Duties to Agent	p. 831
Liability of Principal and Agent; Termination of Agency	p. 840
Principal's Contract Liability	p. 840
Principal's Tort Liability	p. 845
Principal's Criminal Liability	p. 853
Agent's Personal Liability for Torts and Contracts	p. 853
Termination of Agency	p. 856
Partnership	p. 863
General Characteristics and Formation	p. 865
Entity Theory	p. 866
Tests of Partnership Existence	p. 869
Partnership by Estoppel	p. 872
Partnership Formation	p. 875
Partnership Operation and Termination; Other Forms	p. 879
Operation--Relations among Partners	p. 879
Operation--The Partnership and Third Parties	p. 885
Dissolution and Winding Up	p. 890
Other Unincorporated Associations	p. 892
Corporations	p. 903
General Characteristics and Formation	p. 905
Partnerships Compared with Corporations	p. 907
The Corporate Veil: The Corporation as Legal Entity	p. 908
Classifications of Corporations	p. 914
Corporate Organization	p. 916
Effect of Organization	p. 922
Legal Aspects of Corporate Finance	p. 928
General Sources of Corporate Funds	p. 928
Types of Stock	p. 929
Consideration for Stock	p. 931
Dividends	p. 934
The Winds of Change	p. 938
Transfer of Securities	p. 938
Corporate Powers and Management	p. 947
Powers of a Corporation	p. 947
Rights of Shareholders	p. 951
Duties and Powers of Directors and Officers	p. 957
Liability of Directors and Officers	p. 959
Securities Regulation	p. 970
Nature of Securities Regulation	p. 970
Liability under Securities Law	p. 976
Corporate Expansion and Dissolution	p. 990
Corporate Expansion	p. 990
Foreign Corporations	p. 996
Dissolution	p. 1004
The Regulatory Environment	p. 1013
Antitrust 1: Restraint of Trade	p. 1015
Introduction to Government Regulation	p. 1015
History and Basic Framework of the Antitrust Laws	p. 1015
"Horizontal" Restraints of Trade	p. 1021
"Vertical" Restraints of Trade	p. 1027
Price Discrimination	p. 1038
Exemptions from the Antitrust Laws	p. 1043
Antitrust 2: Concentrations of Power	p. 1050
Section 2 of the Sherman Act: The Law Against Monopolizing	p. 1050
Acquisitions and Mergers under Section 7 of the Clayton Act	p. 1064
Unfair and Deceptive Trade Practices	p. 1074
General Powers of the Federal Trade Commission	p. 1074
General Principles of Law Governing Deceptive Acts and Practices	p. 1075
Deceptive Acts and Practices	p. 1077
Unfair Trade Practices	p. 1087
Remedies	p. 1089
Franchising Law	p. 1092
Defining the Franchise Relationship	p. 1093
The Franchisor's Intangible Property Rights	p. 1094
Antitrust Considerations	p. 1094
Disclosure Requirements	p. 1110
Product Liability	p. 1110
Liability of Franchisor for Franchisee's Acts	p. 1113
International Legal Aspects of Doing Business	p. 1117
Fundamentals of International Law	p. 1117
Foreign Commercial Legal Systems	p. 1130
The United States in World Trade	p. 1133
Labor-Management Law	p. 1140
A Brief History of Labor Legislation	p. 1140
The National Labor Relations Board--Organization and Functions	p. 1142
Labor and Management Rights under the Federal Labor Laws	p. 1143
Employment Law	p. 1160
Employment Discrimination	p. 1160
Erosion of the Employment-at-Will Doctrine	p. 1173
Other Employment-Related Laws	p. 1182
Liability and Regulation of Accountants	p. 1189
Common Law Liability	p. 1191
Federal Regulation	p. 1198
State Regulation	p. 1205
Other Duties to Clients	p. 1206
How to Read Legal Citations	p. 1213
Selected Parts of the Constitution of the United States	p. 1214
Uniform Commercial Code	p. 1216
United Nations Convention on Contracts for the International Sale of Goods	p. 1300
Revised Model Business Corporation Act (with 1990 Revisions)	p. 1310
Uniform Partnership Act	p. 1335
Revised Uniform Limited Partnership Act (1976), with 1985 Amendments	p. 1341
Glossary	p. 1349
References	p. 1355
Copyrights and Acknowledgments	p. 1356
Index of Cases	p. 1359
Statutory Index	p. 1365
Index of Hypothetical Names	p. 1370
Index of Business Names	p. 1373
General Index	p. 1377
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Business Law and the Legal Environment

Author Biography

Table of Contents

Supplemental Materials