Legal and Business Environment
Legal Aspects of Business
eBook for Legal Aspects of Business, 6th Edition
Higher Education
Author(s): Richard A. Mann | Barry S. Roberts
ISBN: 9781305477155
Edition: 12th
© Year : 2016
Binding: eBook
Imprint : South Western
Pages:
Packed with reader-friendly illustrations, ESSENTIALS OF BUSINESS LAW AND THE LEGAL ENVIRONMENT, 12e uses a nontechnical presentation to help your students understand the dynamics of today's legal environment for business. Students learn to effectively apply legal reasoning to cases and legal issues using the Issue, Rule, Application and Conclusion (IRAC) method. In addition to new "Going Global" features that highlight the international aspects of legal issues, the 12th Edition also includes more than 30 recent cases, updated coverage of limited liability companies and suretyship, amendments to UCC Articles, SEC rules on social media, recent U.S. Supreme Court decisions, and much more.
*Special prices for countries of South-Asia
PART I: INTRODUCTION TO LAW AND ETHICS
Chapter 1: Introduction to Law
Nature of Law
Classification of Law
Sources of Law
Legal Analysis
Applying the Law: Introduction to Law
Chapter 2: Business Ethics
Law Versus Ethics
Ethical Theories
Ethical Standards in Business
Ethical Responsibilities of Business
PART II: THE LEGAL ENVIRONMENT OF BUSINESS
Chapter 3: Civil Dispute Resolution
The Court System
Jurisdiction
Civil Dispute Resolution
Going Global: What about international dispute resolution?
Chapter 4: Constitutional Law
Basic Principles
Powers of Government
Limitations on Government
Ethical Dilemma: Who Is Responsible for Commercial Speech?
Chapter 5: Administrative Law
Operation of Administrative Agencies
Limits on Administrative Agencies
Ethical Dilemma: Should the Terminally Ill Be Asked to Await FDA Approval of Last-Chance Treatments?
Chapter 6: Criminal Law
Nature of Crimes
Classification
White-Collar Crime
Crimes Against Business
Defenses to Crimes
Criminal Procedure
Concept Review: Constitutional Protection for the Criminal Defendant
Chapter 7: Intentional Torts
Harm to the Person
Harm to the Right of Dignity
Harm to Property
Harm to Economic Interests
Ethical Dilemma: What May One Do to Attract Clients from a Previous Employer?
Chapter 8: Negligence and Strict Liability
Negligence
Strict Liability
Ethical Dilemma: What Are the Obligations of a Bartender to His Patrons?
PART III: CONTRACTS
Chapter 9: Introduction to Contracts
Development of the Law of Contracts
Definition of Contract
Requirements of a Contract
Classification of Contracts
Promissory Estoppel
Quasi Contracts or Restitution
Business Law in Action
Chapter 10: Mutual Assent
Essentials of an Offer
Duration of Offers
Communication of Acceptance
Variant Acceptances
Business Law in Action
Chapter 11: Conduct Invalidating Assent
Duress
Undue Influence
Fraud
Nonfraudulent Misrepresentation
Mistake
Concept Review: Conduct Invalidating Assent
Chapter 12: Consideration
Legal Sufficiency
Bargained-for Exchange
Contracts Without Consideration
Business Law in Action
Chapter 13: Illegal Bargains
Violations of Statutes
Violations of Public Policy
Effect of Illegality
Ethical Dilemma: When Is a Bargain Too Hard?
Chapter 14: Contractual Capacity
Minors
Incompetent Persons
Intoxicated Persons
Ethical Dilemma: Should a Merchant Sell to One Who Lacks Capacity?
Chapter 15: Contracts in Writing
Statute of Frauds
Parol Evidence Rule
Interpretation of Contracts
Ethical Dilemma: What’s (Wrong) in a Contract?
Chapter 16: Third Parties to Contracts
Assignment of Rights
Delegation of Duties
Third-Party Beneficiary Contracts
Chapter 17: Performance, Breach, and Discharge
Conditions
Discharge by Performance
Discharge by Breach
Discharge by Agreement of the Parties
Discharge by Operation of Law
Chapter 18: Contract Remedies
Monetary Damages
Remedies in Equity
Restitution
Limitations on Remedies
PART IV: SALES
Chapter 19: Introduction to Sales and Leases
Nature of Sales and Leases
Formation of Sales and Lease Contracts
Chapter 20: Performance
Performance by the Seller
Performance by the Buyer
Obligations of Both Parties
Ethical Dilemma: Should a Buyer Refuse to Perform a Contract Because a Legal Product May Be Unsafe?
Chapter 21: Transfer of Title and Risk of Loss
Transfer of Title
Risk of Loss
Bulk Sales
Ethical Dilemma: Who Should Bear the Loss?
Chapter 22: Product Liability: Warranties and Strict Liability
Warranties
Strict Liability in Tort
Ethical Dilemma: When Should a Company Order a Product Recall?
Chapter 23: Sales Remedies
Remedies of the Seller
Remedies of the Buyer
Contractual Provisions Affecting Remedies
PART V: NEGOTIABLE INSTRUMENTS
Chapter 24: Form and Content
Negotiability
Types of Negotiable Instruments
Formal Requirements of Negotiable Instruments
Chapter 25: Transfer and Holder in Due Course
Transfer
Holder in Due Course
Ethical Dilemma: What Responsibility Does a Holder Have in Negotiating Commercial Paper?
Chapter 26: Liability of Parties
Contractual Liability
Liability Based on Warranty
Ethical Dilemma: Who Gets to Pass the Buck on a Forged Indorsement?
Chapter 27: Bank Deposits, Collections, and Funds Transfers
Bank Deposits and Collections
Electronic Funds Transfer
Ethical Dilemma: Can Embezzlement Ever Be a Loan?
PART VI: AGENCY
Chapter 28: Relationship of Principal and Agent
Nature of Agency
Creation of Agency
Duties of Agent to Principal
Duties of Principal to Agent
Termination of Agency
Ethical Dilemma: Is Medicaid Designed to Protect Inheritances?
Chapter 29: Relationship with Third Parties
Relationship of Principal and Third Persons
Relationship of Agent and Third Persons
Ethical Dilemma: When Should an Agent’s Power to Bind His Principal Terminate?
PART VII: BUSINESS ASSOCIATIONS
Chapter 30: Formation and Internal Relations of General Partnerships
Choosing A Business Association
Formation of General Partnerships
Relationships Among Partners
Ethical Dilemma: When Is an Opportunity a Partnership Opportunity?
Chapter 31: Operation and Dissolution of General Partnerships
Relationship of Partnership and Partners with Third Parties
Dissociation and Dissolution of General Partnerships Under the RUPA
Dissolution of General Partnerships Under the UPA
Ethical Dilemma: What Duty of Disclosure Is Owed to Incoming Partners?
Chapter 32: Limited Partnerships and Limited Liability Companies
Limited Partnerships
Limited Liability Companies
Other Unincorporated Business Associations
Concept Review: Liability Limitations in LLPs
Chapter 33: Nature and Formation of Corporations
Nature of Corporations
Formation of a Corporation
Recognition or Disregard of Corporateness
Corporate Powers
Chapter 34: Financial Structure of Corporations
Debt Securities
Equity Securities
Dividends and Other Distributors
Concept Review: Liability for Improper Distributions
Chapter 35: Management Structure of Corporations
Corporate Governance
Role of Shareholders
Role of Directors and Officers
Ethical Dilemma: Whom Does a Director Represent? What Are a Director’s Duties?
Chapter 36: Fundamental Changes of Corporations
Charter Amendments
Combinations
Dissolution
Ethical Dilemma: What Rights Do Minority Shareholders Have?
PART VIII: DEBTOR AND CREDITOR RELATIONS
Chapter 37: Secured Transactions and Suretyship
Secured Transactions in Personal Property
Suretyship
Ethical Dilemma: What Price Is “Reasonable” in Terms of Repossession?
Chapter 38: Bankruptcy
Federal Bankruptcy Law
Creditors’ Rights and Debtors’ Relief Outside of Bankruptcy
Ethical Dilemma: For a Company Contemplating Bankruptcy, When Is Disclosure the Best Policy?
PART IX: REGULATION OF BUSINESS
Chapter 39: Securities Regulation
The Securities Act of 1933
The Securities Exchange Act of 1934
Ethical Dilemma: What Information May a Corporate Employee Disclose?
Chapter 40: Intellectual Property
Trade Secrets
Trade Symbols
Trade Names
Copyrights
Patents
Ethical Dilemma: Who Holds the Copyright on Lecture Notes?
Chapter 41: Employment Law
Labor Law
Employment Discrimination Law
Employee Protection
Ethical Dilemma: What (Unwritten) Right to a Job Does an Employee Have?
Chapter 42: Antitrust
Sherman Antitrust Act
Clayton Act
Robinson-Patman Act
Federal Trade Commission Act
Ethical Dilemma: When Is an Agreement Anticompetitive?
Chapter 43: Accountants’ Legal Liability
Common Law
Federal Securities Law
Concept Review: Accountants’ Liability Under Federal Securities Law
Chapter 44: Consumer Protection
State and Federal Consumer Protection Agencies
Consumer Purchases
Consumer Credit Transactions
Creditors’ Remedies
Ethical Dilemma: Should Some Be Protected from High-Pressure Sales?
Chapter 45: Environmental Law
Common Law Actions for Environmental Damage
Federal Regulation of the Environment
Ethical Dilemma: Distant Concerns
Chapter 46: International Business Law
The International Environment
Jurisdiction Over Actions of Foreign Governments
Transacting Business Abroad
Forms of Multinational Enterprises
Ethical Dilemma: Who May Seek Economic Shelter Under U.S. Trade Law?
PART X: PROPERTY
Chapter 47: Introduction to Property, Property Insurance, Bailments, and Documents of Title
Introduction to Property and Personal Property
Property Insurance
Bailments and Documents of Title
Ethical Dilemma: Who Is Responsible for the Operation of Rental Property?
Chapter 48: Interests in Real Property
Freehold Estates
Leasehold Estates
Concurrent Ownership
Nonpossessory Interests
Applying the Law: Interests in Real Property
Chapter 49: Transfer and Control of Real Property
Transfer of Real Property
Public and Private Controls
Ethical Dilemma: Where Should Cities House the Disadvantaged?
Chapter 50: Trusts and Wills
Trusts
Decedent’s Estates
Ethical Dilemma: When Should Life Support Cease?
APPENDICES
INDEX
Richard A. Mann, The University of North Carolina at Chapel Hill
Richard A. Mann, J.D., received a B.S. in Mathematics from the University of North Carolina at Chapel Hill and a J.D. from Yale Law School. He is Professor of Business Law Emeritus at the Kenan-Flagler School of Business, University of North Carolina at Chapel Hill, and is past president of the Southeastern Regional Business Law Association. Professor Mann is a member of Who's Who in
America, Who's Who in American Law and the North Carolina Bar (inactive). He has written extensively, covering a number of legal topics, including bankruptcy, sales, secured transactions, real property, insurance law and business associations. Professor Mann has received the American Business Law Journal's award both for the best article and for the best comment and has served as a reviewer and staff editor for the publication. He is a coauthor of SMITH & ROBERSON'S BUSINESS LAW, BUSINESS LAW AND THE REGULATION OF BUSINESS, ESSENTIALS OF BUSINESS LAW AND THE LEGAL ENVIRONMENT and CONTEMPORARY BUSINESS LAW.
Barry S. Roberts, The University of North Carolina at Chapel Hill
Barry S. Roberts, J.D., LL.M., received a B.S. in Business Administration from Pennsylvania State University, a J.D. from the University of Pennsylvania and an LL.M. from Harvard Law School. He served as a judicial clerk for the Pennsylvania Supreme Court prior to practicing law in Pittsburgh. Professor Roberts is Professor Emeritus of Business Law at the Kenan-Flagler School of Business, University of North Carolina at Chapel Hill, and is a member of Who's Who in American Law and the North Carolina and Pennsylvania Bars (inactive). He has written numerous articles on such topics as antitrust, products liability, constitutional law, banking law, employment law and business associations. Professor Roberts has been a reviewer and staff editor for the American Business Law Journal. He is a coauthor of SMITH & ROBERSON'S BUSINESS LAW, BUSINESS LAW AND THE REGULATION OF BUSINESS, ESSENTIALS OF BUSINESS LAW AND THE LEGAL ENVIRONMENT and CONTEMPORARY BUSINESS LAW.