Business Law The Ethical Global and Digital Environment 18th Edition by Jamie Darin Prenkert, A James Barnes, Joshua Perry, Todd Haugh, Abbey Stemler ISBN 9781260736892 126073689X

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ISBN 10: 126073689X
ISBN 13: 9781260736892
Author: Jamie Darin Prenkert, A James Barnes, Joshua Perry, Todd Haugh, Abbey Stemler

Business Law The Ethical Global and Digital Environment 18th Edition Table of contents:

Part 1 Foundations of American Law

1 The Nature of Law

Types and Classifications of Law

The Types of Law

Priority Rules

Classifications of Law

Jurisprudence

Legal Positivism

Natural Law

American Legal Realism

Sociological Jurisprudence

Other Schools of Jurisprudence

The Functions of Law

Legal Reasoning

Case Law Reasoning

Statutory Interpretation

Limits on the Power of Courts

Appendix Reading and Briefing Cases

2 The Resolution of Private Disputes

State Courts and Their Jurisdiction

Courts of Limited Jurisdiction

Trial Courts

Appellate Courts

Jurisdiction and Venue

Federal Courts and Their Jurisdiction

Federal District Courts

Specialized Federal Courts

Federal Courts of Appeals

The U.S. Supreme Court

Civil Procedure

Service of the Summons

The Pleadings

Motion to Dismiss

Discovery

Summary Judgment

The Pretrial Conference

The Trial

Appeal

Enforcing a Judgment

Class Actions

Alternative Dispute Resolution

Common Forms of ADR

Other ADR Devices

3 Business and the Constitution

An Overview of the U.S. Constitution

The Evolution of the Constitution and the Role of the Supreme Court

The Coverage and Structure of This Chapter

State and Federal Power to Regulate

State Regulatory Power

Federal Regulatory Power

Burden on, or Discrimination against, Interstate Commerce

Independent Checks on the Federal Government and the States

Incorporation

Government Action

Means-Ends Tests

Business and the First Amendment

Due Process

Equal Protection

Independent Checks Applying Only to the States

The Contract Clause

Federal Preemption

The Takings Clause

4 Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Why Study Business Ethics?

The Corporate Social Responsibility Debate

Ethical Theories

Rights Theory

Justice Theory

Utilitarianism

Shareholder Theory

Virtue Theory

Improving Corporate Governance and Corporate Social Responsibility

Independent Boards of Directors

The Law

Guidelines for Ethical Decision Making

What Facts Impact My Decision?

What Are the Alternatives?

Who Are the Stakeholders?

How Do the Alternatives Impact Society as a Whole?

How Do the Alternatives Impact My Business Firm?

How Do the Alternatives Impact Me, the Decision Maker?

What Are the Ethics of Each Alternative?

What Are the Practical Constraints of Each Alternative?

What Course of Action Should Be Taken and How Do We Implement It?

Knowing When to Use the Guidelines

Thinking Critically

Non Sequiturs

Appeals to Pity

False Analogies

Begging the Question

Argumentum ad Populum

Bandwagon Fallacy

Argumentum ad Baculum

Argumentum ad Hominem

Argument from Authority

False Cause

The Gambler’s Fallacy

Reductio ad Absurdum

Appeals to Tradition

The Lure of the New

Sunk Cost Fallacy

Common Characteristics of Poor Decision Making

Failing to Remember Goals

Overconfidence

Complexity of the Issues

Resisting Requests to Act Unethically

Recognizing Unethical Requests and Bosses

Buying Time

Find a Mentor and a Peer Support Group

Find Win—Win Solutions

Work within the Firm to Stop the Unethical Act

Prepare to Lose Your Job

Leading Ethically

Be Ethical

Communicate the Firm’s Core Ethical Values

Connect Ethical Behavior with the Firm’s and Workers’ Best Interests

Reinforce Ethical Behavior

Part 2 Crimes and Torts

5 Criminal Law and Procedure

Role of the Criminal Law

Nature of Crimes

Purpose of the Criminal Sanction

Essentials of Crime

Constitutional Limitations on Power to Criminalize Behavior

Criminal Procedure

Criminal Prosecutions: An Overview

Role of Constitutional Safeguards

The Fourth Amendment

Key Fourth Amendment Questions

Warrantless Searches and the Fourth Amendment

The Fifth Amendment

The Sixth Amendment

White-Collar Crimes and the Dilemmas of Corporate Control

Introduction

Evolution of Corporate Criminal Liability

Corporate Criminal Liability Today

Individual Liability for Corporate Crime

New Directions

Important White-Collar Crimes

Regulatory Offenses

Fraudulent Acts

The Sarbanes—Oxley Act

Bribery and Giving of Illegal Gratuities

Computer Crime

6 Intentional Torts

Interference with Personal Rights

Battery

Assault

Intentional Infliction of Emotional Distress

False Imprisonment

Defamation

Invasion of Privacy

Misuse of Legal Proceedings

Deceit (Fraud)

Interference with Property Rights

Trespass to Land

Private Nuisance

Conversion

Other Examples of Intentional Tort Liability

7 Negligence and Strict Liability

Negligence

Duty and Breach of Duty

Causation of Injury

Res Ipsa Loquitur

Negligence Defenses

Strict Liability

Abnormally Dangerous Activities

Statutory Strict Liability

Tort Reform

8 Intellectual Property and Unfair Competition

Protection of Intellectual Property

Patents

Copyrights

Trademarks

Trade Secrets

Definition of a Trade Secret

Ownership and Transfer of Trade Secrets

Misappropriation of Trade Secrets

Commercial Torts

Injurious Falsehood

Interference with Contractual Relations

Interference with Prospective Advantage

Lanham Act § 43(a)

Part 3 Contracts

9 Introduction to Contracts

The Nature of Contracts

The Functions of Contracts

The Evolution of Contract Law

The Methods of Contracting

Basic Elements of a Contract

Basic Contract Concepts and Types

Bilateral and Unilateral Contracts

Valid, Unenforceable, Voidable, and Void Contracts

Express and Implied Contracts

Executed and Executory Contracts

Sources of Law Governing Contracts

The Uniform Commercial Code: Origin and Purposes

Application of Article 2

Application of the Common Law of Contracts

Law Governing “Hybrid” Contracts

Relationship of the UCC and the Common Law of Contracts

Basic Differences in the Nature of Article 2 and the Common Law of Contracts

Influence of Restatement (Second) of Contracts

“Noncontract” Obligations

Quasi-Contract

Promissory Estoppel

10 The Agreement: Offer

Requirements for an Offer

Intent to Contract

Definiteness of Terms

Communication to Offeree

Special Offer Problem Areas

Advertisements

Rewards

Auctions

Bids

Which Terms Are Included in the Offer?

Termination of Offers

Terms of the Offer

Lapse of Time

Revocation

Rejection

Death or Mental Incapacity of Either Party

Destruction of Subject Matter

Intervening Illegality

11 The Agreement: Acceptance

What Is an Acceptance?

Intention to Accept

Intent and Acceptance on the Offeror’s Terms

Communication of Acceptance

When Is Acceptance Communicated?

Acceptances by Instantaneous Forms of Communication

Acceptances by Noninstantaneous Forms of Communication

Stipulated Means of Communication

Special Acceptance Problem Areas

Acceptance in Unilateral Contracts

Acceptance in Bilateral Contracts

Silence as Acceptance

Acceptance When a Writing Is Anticipated

Acceptance of Ambiguous Offers

Who Can Accept an Offer?

12 Consideration

Elements of Consideration

Legal Value

Bargained-For Exchange

Exchanges That Fail to Meet Consideration Requirements

Illusory Promises

Preexisting Duties

Past Consideration

Exceptions to the Consideration Requirement

Promissory Estoppel

Promises to Pay Debts Barred by Statutes of Limitations

Promises to Pay Debts Barred by Bankruptcy Discharge

Charitable Subscriptions

13 Reality of Consent

Effect of Doctrines Discussed in This Chapter

Necessity for Prompt and Unequivocal Rescission

Misrepresentation and Fraud

Relationship between Misrepresentation and Fraud

Requirements for Rescission on the Ground of Misrepresentation

Mistake

Nature of Mistake

Requirements for Mutual Mistake

Requirements for Unilateral Mistake

Duress

Nature of Duress

Requirements for Duress

Economic Duress

Undue Influence

Nature of Undue Influence

Determining Undue Influence

14 Capacity to Contract

What Is Capacity?

Effect of Lack of Capacity

Capacity of Minors

Minors’ Right to Disaffirm

Period of Minority

Emancipation

Time of Disaffirmance

Ratification

Duties upon Disaffirmance

Effect of Misrepresentation of Age

Capacity of Mentally Impaired Persons

Theory of Incapacity

Test for Mental Incapacity

The Effect of Incapacity Caused by Mental Impairment

Contracts of Intoxicated Persons

Intoxication and Capacity

15 Illegality

Meaning of Illegality

Determining Whether an Agreement Is Illegal

Agreements in Violation of Statute

Agreements Declared Illegal by Statute

Agreements That Violate the Public Policy of a Statute

Agreements That May Be in Violation of Public Policy Articulated by Courts

Agreements in Restraint of Competition

Exculpatory Clauses

Family Relationships and Public Policy

Unfairness in Agreements: Contracts of Adhesion and Unconscionable Contracts

Unconscionability

Contracts of Adhesion

Effect of Illegality

General Rule: No Remedy for Breach of Illegal Agreements

Exceptions

16 Writing

The Significance of Writing in Contract Law

Purposes of Writing

Writing and Contract Enforcement

Overview of the Statute of Frauds

History and Purposes

Effect of Violating the Statute of Frauds

Contracts Covered by the Statute of Frauds

Collateral Contracts

Interest in Land

Contracts That Cannot Be Performed within One Year

Promise of Executor or Administrator to Pay a Decedent’s Debt Personally

Contract in Which Marriage Is the Consideration

Meeting the Requirements of the Statute of Frauds

Nature of the Writing Required

UCC: Alternative Means of Satisfying the Statute of Frauds in Sale of Goods Contracts

Promissory Estoppel and the Statute of Frauds

The Parol Evidence Rule

Explanation of the Rule

Scope of the Parol Evidence Rule

Admissible Parol Evidence

Interpretation of Contracts

17 Rights of Third Parties

Assignment of Contracts

Nature of Assignment of Rights

Creating an Assignment

Assignability of Rights

Nature of Assignee’s Rights

Subsequent Assignments

Successive Assignments

Assignor’s Warranty Liability to Assignee

Delegation of Duties

Nature of Delegation

Delegable Duties

Language Creating a Delegation

Assumption of Duties by Delegatee

Discharge of Delegator by Novation

Third-Party Beneficiaries

Intended Beneficiaries versus Incidental Beneficiaries

Vesting of Beneficiary’s Rights

18 Performance and Remedies

Conditions

Nature of Conditions

Types of Conditions

Creation of Express Conditions

Excuse of Conditions

Performance of Contracts

Level of Performance Expected of the Promisor

Good-Faith Performance

Breach of Contract

Effect of Material Breach

Determining the Materiality of the Breach

Anticipatory Repudiation

Recovery by a Party Who Has Committed Material Breach

Excuses for Nonperformance

Impossibility

Commercial Impracticability

Other Grounds for Discharge

Discharge by Mutual Agreement

Discharge by Accord and Satisfaction

Discharge by Waiver

Discharge by Alteration

Discharge by Statute of Limitations

Discharge by Decree of Bankruptcy

Remedies for Breach of Contract

Types of Contract Remedies

Interests Protected by Contract Remedies

Legal Remedies (Damages)

Equitable Remedies

Part 4 Sales

19 Formation and Terms of Sales Contracts

Sale of Goods

Leases

Higher Standards for Merchants

UCC Requirements

Terms of Sales Contracts

Gap Fillers

Price Terms

Quantity Terms

Output and Needs Contracts

Exclusive Dealing Contracts

Time for Performance

Delivery Terms

Title

UCC Changes

General Title Rule

Title and Third Parties

Obtaining Good Title

Transfers of Voidable Title

Buyers in the Ordinary Course of Business

Entrusting of Goods

Risk of Loss

Terms of the Agreement

Shipment Contracts

Destination Contracts

Goods in the Possession of Third Parties

Risk Generally

Effect of Breach on Risk of Loss

Insurable Interest

Sales on Trial

Sale or Return

Sale on Approval

20 Product Liability

The Evolution of Product Liability Law

The 19th Century

The 20th and 21st Centuries

The Current Debate over Product Liability Law

Theories of Product Liability Recovery

Express Warranty

Implied Warranty of Merchantability

Implied Warranty of Fitness

Negligence

Strict Liability

The Restatement (Third)

Other Theories of Recovery

Time Limitations

Damages in Product Liability Cases

The No-Privity Defense

Tort Cases

Warranty Cases

Disclaimers and Remedy Limitations

Implied Warranty Disclaimers

Express Warranty Disclaimers

Disclaimers of Tort Liability

Limitation of Remedies

Defenses

The Traditional Defenses

Comparative Principles

Preemption and Regulatory Compliance

21 Performance of Sales Contracts

General Rules

Good Faith

Course of Dealing

Usage of Trade

Modification

Waiver

Assignment

Delivery

Basic Obligation

Place of Delivery

Seller’s Duty of Delivery

Inspection and Payment

Buyer’s Right of Inspection

Payment

Acceptance, Revocation, and Rejection

Acceptance

Effect of Acceptance

Revocation of Acceptance

Buyer’s Rights on Improper Delivery

Rejection

Right to Cure

Buyer’s Duties after Rejection

Assurance, Repudiation, and Excuse

Assurance

Anticipatory Repudiation

Excuse

22 Remedies for Breach of Sales Contracts

Agreements as to Remedies

Statute of Limitations

Seller’s Remedies

Remedies Available to an Injured Seller

Cancellation and Withholding of Delivery

Resale of Goods

Recovery of the Purchase Price

Damages for Rejection or Repudiation

Seller’s Remedies Where Buyer Is Insolvent

Seller’s Right to Stop Delivery

Liquidated Damages

Buyer’s Remedies

Buyer’s Remedies in General

Buyer’s Right to Damages

Buyer’s Right to Cover

Incidental Damages

Consequential Damages

Damages for Nondelivery

Damages for Defective Goods

Buyer’s Right to Specific Performance

Buyer and Seller Agreements as to Remedies

Part 5 Property

23 Personal Property and Bailments

Nature of Property

Classifications of Property

Personal Property versus Real Property

Tangible versus Intangible Personal Property

Public and Private Property

Acquiring Ownership of Personal Property

Production or Purchase

Possession of Unowned Property

Rights of Finders of Lost, Mislaid, and Abandoned Property

Legal Responsibilities of Finders

Leasing

Gifts

Conditional Gifts

Uniform Transfers to Minors Act

Will or Inheritance

Confusion

Accession

Bailments

Nature of Bailments

Elements of a Bailment

Creation of a Bailment

Types of Bailments

Special Bailments

Duties of the Bailee

Duty of Bailee to Take Care of Property

Bailee’s Duty to Return the Property

Bailee’s Liability for Misdelivery

Limits on Liability

Right to Compensation

Bailor’s Liability for Defects in the Bailed Property

Special Bailments

Common Carriers

Hotelkeepers

Safe-Deposit Boxes

Involuntary Bailments

Documents of Title

Warehouse Receipts

Bills of Lading

Duty of Care

Negotiation of Document of Title

Rights Acquired by Negotiation

Warranties of Transferor of Document of Title

24 Real Property

Scope of Real Property

Fixtures

Rights and Interests in Real Property

Estates in Land

Co-ownership of Real Property

Interests in Real Property Owned by Others

Easements

Creation of Easements

Profits

Licenses

Restrictive Covenants

Acquisition of Real Property

Acquisition by Purchase

Acquisition by Gift

Acquisition by Will or Inheritance

Acquisition by Tax Sale

Acquisition by Adverse Possession

Transfer by Sale

Steps in a Sale

Contracting with a Real Estate Broker

Contract of Sale

Fair Housing Act

Deeds

Form and Execution of Deed

Recording Deeds

Methods of Assuring Title

Seller’s Responsibilities Regarding the Quality of Residential Property

Implied Warranty of Habitability

Duty to Disclose Hidden Defects

Other Property Condition—Related Obligations of Real Property Owners and Possessors

Expansion of Premises Liability

Americans with Disabilities Act

Land Use Control

Nuisance Law

Eminent Domain

Zoning and Subdivision Laws

Land Use Regulation and Taking

25 Landlord and Tenant

Leases and Tenancies

Nature of Leases

Types of Tenancies

Execution of a Lease

Rights, Duties, and Liabilities of the Landlord

Landlord’s Rights

Landlord’s Duties

Landlord’s Responsibility for Condition of Leased Property

Landlord’s Tort Liability

Rights, Duties, and Liabilities of the Tenant

Rights of the Tenant

Duty to Pay Rent

Duty Not to Commit Waste

Assignment and Subleasing

Tenant’s Liability for Injuries to Third Persons

Termination of the Leasehold

Eviction

Agreement to Surrender

Abandonment

26 Estates and Trusts

The Law of Estates and Trusts

Estate Planning

Wills

Right of Disposition by Will

Nature of a Will

Common Will Terminology

Testamentary Capacity

Execution of a Will

Incorporation by Reference

Informal Wills

Joint and Mutual Wills

Construction of Wills

Limitations on Disposition by Will

Revocation of Wills

Codicils

Advance Directives: Planning for Incapacity

Durable Power of Attorney

Living Wills

Durable Power of Attorney for Health Care

Federal Law and Advance Directives

Intestacy

Characteristics of Intestacy Statutes

Special Rules

Simultaneous Death

Administration of Estates

The Probate Estate

Determining the Existence of a Will

Selecting a Personal Representative

Responsibilities of the Personal Representative

Trusts

Nature of a Trust

Trust Terminology

Why People Create Trusts

Creation of Express Trusts

Charitable Trusts

Totten Trusts

Powers and Duties of the Trustee

Liability of Trustee

Spendthrift Trusts

Termination and Modification of a Trust

Implied and Constructive Trusts

27 Insurance Law

Nature and Benefits of Insurance Relationships

Insurance Policies as Contracts

Interested Parties

Offer, Acceptance, and Consideration

Effect of Insured’s Misrepresentation

Legality

Form and Content of Insurance Contracts

Performance and Breach by Insurer

Property Insurance

The Insurable Interest Requirement

Covered and Excluded Perils

Nature and Extent of Insurer’s Payment Obligation

Right of Subrogation

Duration and Cancellation of Policy

Liability Insurance

Types of Liability Insurance Policies

Liabilities Insured Against

Insurer’s Obligations

Is There a Liability Insurance Crisis?

Bad-Faith Breach of Insurance Contract

Part 6 Credit

28 Introduction to Credit and Secured Transactions

Credit

Unsecured Credit

Secured Credit

Development of Security

Security Interests in Personal Property

Security Interests in Real Property

Suretyship and Guaranty

Sureties and Guarantors

Creation of Principal and Surety Relation

Defenses of a Surety

Creditor’s Duties to Surety

Subrogation, Reimbursement, and Contribution

Liens on Personal Property

Security Interests in Personal Property and Fixtures under the Uniform Commercial Code

Common Law Liens

Statutory Liens

Characteristics of Liens

Foreclosure of Lien

Security Interests in Real Property

Historical Developments of Mortgages

Form, Execution, and Recording

Rights and Liabilities

Foreclosure

Right of Redemption

Recent Development Concerning Foreclosures

Deed of Trust

Land Contracts

Mechanic’s and Materialman’s Liens

Rights of Subcontractors and Materialmen

Basis for Mechanic’s or Materialman’s Lien

Requirements for Obtaining a Lien

Priorities and Foreclosure

Waiver of Lien

29 Security Interests in Personal Property

Article 9

Security Interests under the Code

Security Interests

Types of Collateral

Obtaining a Security Interest

Attachment of the Security Interest

Attachment

The Security Agreement

Purchase Money Security Interests

Future Advances

After-Acquired Property

Proceeds

Perfecting the Security Interest

Perfection

Perfection by Public Filing

Possession by Secured Party as Public Notice

Control

Perfection by Attachment/Automatic Perfection

Exceptions to Perfection by Attachment: Consumer Goods

Motor Vehicles

Fixtures

Priority Rules

Importance of Determining Priority

General Priority Rules

Purchase Money Security Interest in Inventory

Purchase Money Security Interest in Noninventory Collateral

Rationale for Protecting Purchase Money Security Interests

Buyers in the Ordinary Course of Business

Artisan’s and Mechanic’s Liens

Liens on Consumer Goods Perfected Only by Attachment/Automatic Perfection

Fixtures

Default and Foreclosure

Default

Right to Possession

Sale of the Collateral

Consumer Goods

Distribution of Proceeds

Liability of Creditor

30 Bankruptcy

The Bankruptcy Code

Bankruptcy Proceedings

Liquidations

Reorganizations

Family Farms

Consumer Debt Adjustments

The Bankruptcy Courts

Chapter 7: Liquidation Proceedings

Petitions

Involuntary Petitions

Automatic Stay Provisions

Order of Relief

Meeting of Creditors and Election of Trustee

Duties of the Trustee

The Bankruptcy Estate

Exemptions

Avoidance of Liens

Redemptions

Preferences (Preferential Payments or Liens)

Preferential Liens

Transactions in the Ordinary Course of Business

Fraudulent Transfers

Claims

Allowable Claims

Secured Claims

Priority Claims

Distribution of the Debtor’s Estate

Discharge in Bankruptcy

Discharge

Objections to Discharge

Acts That Bar Discharge

Nondischargeable Debts

Reaffirmation Agreements

Dismissal for Substantial Abuse

Chapter 11: Reorganizations

Reorganization Proceeding

Use of Chapter 11

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Tags: Jamie Darin Prenkert, A James Barnes, Joshua Perry, Todd Haugh, Abbey Stemler, Business Law