ISBN-10:
128586039X
ISBN-13:
2901285860397
Pub. Date:
01/21/2015
Publisher:
Cengage Learning
Cengage Advantage Books: Introduction to Business Law / Edition 5

Cengage Advantage Books: Introduction to Business Law / Edition 5

by Jeffrey F. Beatty
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  • Product Details

    ISBN-13: 2901285860397
    Publisher: Cengage Learning
    Publication date: 01/21/2015
    Series: MindTap Course List Series
    Edition description: Older Edition
    Pages: 672
    Product dimensions: 8.50(w) x 9.90(h) x 1.10(d)

    About the Author


    Jeffrey F. Beatty, J.D., was an exceptional teacher, having won both the Metcalfe Prize and Cup, Boston University's highest teaching award as well as the Charles Hewitt Award, which is given each year by the Academy of Legal Studies in Business (ALSB) for excellence in teaching. The highest honor for teaching conferred by the ALSB, this award is dedicated to the communication and recognition of creative teaching practices of business law. Prior to his joining the faculty at Boston University, Professor Beatty worked for several years as a legal aid lawyer, concentrating on general civil litigation. He also practiced in a private firm, where he concentrated on general civil litigation, including trials and appeals of tort, contract, employment, and property cases. Professor Beatty wrote television scripts and plays that were performed in Boston, London, and Amsterdam.


    Susan S. Samuelson, J.D., is a tenured full professor in the School of Management at Boston University, where she has been awarded the Broderick Prize in recognition of outstanding teaching accomplishments. She teaches both law and ethics to undergraduates, graduate students, and executives. Professor Samuelson's research has focused on securities law and the management of lawyers (in both law firms and corporations). Her articles have appeared in the Boston University Law Review, Ohio State Law Journal, the Harvard Journal on Legislation and the Sloan Management Review, among others. She practiced law in the corporate department of the law firm Choate, Hall, and Stewart. She earned both an AB and JD at Harvard University.

    Table of Contents

    Unit 1The Legal Environment1
    Chapter 1Introduction to Law3
    Three Important Ideas About Law4
    Sources of Contemporary Law5
    Criminal and Civil Law8
    Working with the Book's Features9
    Chapter 2Business Ethics and Social Responsibility17
    Why Bother with Ethics?19
    What Is Ethical Behavior?20
    Applying the Ethics Checklist: Making Decisions23
    Chapter 3Courts, Litigation, and Alternative Dispute Resolution30
    Three Fundamental Areas of Law31
    Alternative Dispute Resolution31
    Court Systems32
    Litigation36
    Trial41
    Appeals44
    Chapter 4Constitutional, Statutory, Administrative, and Common Law49
    Constitutional Law50
    Government Power50
    Power Granted50
    Protected Rights53
    Fifth Amendment: Due Process and The Takings Clause55
    Fourteenth Amendment: Equal Protection Clause57
    Statutory Law57
    Common Law59
    Administrative Law62
    Chapter 5Intentional Torts and Business Torts68
    Intentional Torts70
    Damages74
    Business Torts76
    Chapter 6Negligence and Strict Liability81
    Negligence82
    Defenses89
    Strict Liability90
    Chapter 7Criminal Law and Procedure95
    Crime, Society, and Law96
    Crimes That Harm Business99
    Crimes Committed by Business101
    The Criminal Process104
    Chapter 8International Law111
    MNEs and Power112
    Trade Regulation112
    International Sales Agreements118
    Foreign Corrupt Practices Act121
    Unit 2Contracts125
    Chapter 9Introduction to Contracts127
    Contracts128
    Types of Contracts130
    Remedies Created by Judicial Activism133
    Sources of Contract Law135
    Chapter 10Agreement140
    Meeting of the Minds141
    Offer141
    Acceptance147
    Chapter 11Consideration153
    A Bargain and an Exchange154
    Mutuality of Obligations157
    Settlement of Debts162
    Chapter 12Legality167
    Contracts That Violate a Statute168
    Contracts That Violate Public Policy171
    Chapter 13Capacity and Consent180
    Capacity181
    Reality of Consent183
    Chapter 14Written Contracts193
    Contracts That Must Be in Writing194
    What the Writing Must Contain198
    Sale of Goods198
    Parol Evidence201
    Chapter 15Third Parties206
    Third Party Beneficiary207
    Assignment and Delegation210
    Chapter 16Performance and Discharge220
    Discharge221
    Conditions221
    Performance223
    Breach226
    Impossibility227
    Chapter 17Remedies233
    Breaching the Contract234
    Expectation Interest235
    Reliance Interest239
    Restitution Interest240
    Other Equitable Interests240
    Special Issues of Damages242
    Unit 3Commercial Transactions247
    Chapter 18Introduction to Sales249
    Development of Commercial Law250
    UCC Basics251
    Contract Formation253
    Chapter 19Ownership and Risk264
    Legal Interest265
    Identification, Title, and Insurable Interest265
    When the Seller Has Imperfect Title268
    Creditor's Rights271
    Risk of Loss272
    Chapter 20Warranties and Product Liability277
    Express Warranties278
    Implied Warranties278
    Disclaimers280
    Negligence282
    Strict Liability284
    Chapter 21Performance and Remedies291
    Good Faith292
    Seller's Obligations (and a Few Rights)292
    Buyer's Obligations (and a Few Rights)295
    Remedies: Assurance and Repudiation297
    Seller's Remedies297
    Buyer's Remedies299
    Chapter 22Creating a Negotiable Instrument305
    Commercial Paper306
    Types of Negotiable Instruments307
    Negotiability309
    Negotiation314
    Chapter 23Negotiable Instruments: Holder in Due Course319
    Holder in Due Course320
    Chapter 24Liability for Negotiable Instruments332
    Introduction333
    Signature Liability335
    Warranty Liability338
    Other Liability Rules341
    Discharge343
    Chapter 25Liability for Negotiable Instruments: Banks and Their Customers348
    Introduction349
    Checking Accounts349
    Customer's Right to Withdraw Funds355
    Electronic Banking355
    Privacy358
    Chapter 26Secured Transactions362
    Secured Transactions363
    Revised Article 9365
    Attachment of a Security Interest365
    Perfection367
    Protection of Buyers371
    Priorities Among Creditors373
    Default and Termination374
    Chapter 27Bankruptcy379
    Overview of Bankruptcy380
    Chapter 7 Liquidation381
    Chapter 11 Reorganization387
    Chapter 13 Consumer Reorganizations389
    Unit 4Agency and Employment Law395
    Chapter 28Agency: The Inside Relationship397
    Creating an Agency Relationship398
    Duties of Agents to Principals400
    Principal's Remedies When the Agent Breaches a Duty403
    Duties of Principals to Agents404
    Terminating an Agency Relationship405
    Chapter 29Agency: The Outside Relationship411
    Principal's Liability for Contracts412
    Agent's Liability for Contracts415
    Principal's Liability for Torts417
    Agent's Liability for Torts422
    Chapter 30Employment Law426
    Introduction427
    Employment Security427
    Financial Protection435
    Chapter 31Employment Discrimination440
    Equal Pay Act of 1963441
    Title VII441
    Age Discrimination446
    Americans with Disabilities Act447
    Chapter 32Labor Law454
    Unions Develop455
    Organizing a Union457
    Collective Bargaining460
    Concerted Action463
    Regulating Union Affairs464
    Unit 5Business Organizations469
    Chapter 33Starting a Business471
    Sole Proprietorships472
    General Partnerships473
    Limited Liability Partnerships477
    Limited Partnerships478
    Corporations479
    Limited Liability Companies481
    Chapter 34The Life and Death of a Corporation487
    Before the Corporation Is Formed488
    Incorporation Process488
    After Incorporation492
    Death of the Corporation495
    Termination497
    Chapter 35Corporate Management501
    Managers versus Shareholders: The Inherent Conflict502
    The Business Judgment Rule503
    Takeovers509
    Chapter 36Shareholders516
    Introduction517
    Rights of Shareholders518
    Enforcing Shareholder Rights524
    Chapter 37Government Regulation: Securities and Antitrust530
    Securities Laws531
    Antitrust535
    Chapter 38Accountants: Liability and Professional Responsibility544
    Introduction545
    Liability to Clients546
    Liability to Third Parties548
    Other Accountant-Client Issues551
    Professional Responsibility553
    Unit 6Property and Consumer Law557
    Chapter 39Consumer and Environmental Law559
    Introduction560
    Sales560
    Consumer Credit564
    Magnuson-Moss Warranty Act567
    Consumer Product Safety568
    Environmental Law568
    Chapter 40Cyberlaw575
    Privacy576
    Crime on the Internet581
    Internet Service Providers and Web Hosts583
    Chapter 41Intellectual Property588
    Introduction589
    Patents589
    Copyrights592
    Trademarks594
    Trade Secrets596
    Chapter 42Real Property601
    Nature of Real Property602
    Estates in Real Property603
    Nonpossessory Interests605
    Sale of Real Property607
    Adverse Possession609
    Land Use Regulation610
    Chapter 43Landlord-Tenant Law615
    Types of Tenancy616
    Landlord's Duties617
    Tenant's Duties621
    Change in the Parties622
    Injuries622
    Chapter 44Personal Property and Bailments629
    Gifts630
    Found Property633
    Bailment634
    Chapter 45Estate Planning642
    Introduction643
    Wills644
    Trusts650
    Chapter 46Insurance656
    Introduction657
    Insurance Contract657
    Types of Insurance662
    Appendix AThe Constitution of the United States1
    Appendix BThe Uniform Commercial Code can be found at http://www.nccusl.ord/Update/ or http://www.law.cornell.edu/
    Glossary1
    Table of Cases1
    Index1

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