Business Law
An Introduction

by FRANK W. SHAW
2nd edition, July 2003, 425 pages, $41.95
ISBN 978-0-89641-400-6


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This text represents a new approach to the presentation of business law. It covers only essential, "every day," legal concepts. The student is presented with a short set of legal principles to memorize and several examples of their application. By memorizing these generalizations of the law, studying the text and practicing analysis of brief case scenarios, a business law student can acquire a unique and practical first exposure of the law that governs most business. Essential vocabulary is presented and defined in the text while every legal principle is illustrated by practical examples.

This text also develops a practical approach to researching problems in business law. Sample forms are included as well as special sections on practical legal research and contract critique which can be expanded by the instructor into major classroom activities. Students can study independently and test their progress with pre-tests and post-tests.

This text differs substantially from existing textbooks in its approach to presenting large amounts of background material, numerous rules and rarely used exceptions that many students could in no way be expected to master. This text compensates for students' lack of business experience by presenting fewer rules with common exceptions in the context of numerous examples. Students actually learn the rules through studying examples and answering questions posed in fact-pattern settings. In addition, outrageous examples are often used because students find it easier to recall the example no matter how humorous or bizzare .

The short bold-faced statements of law and other principles provide students with a means of concentrating their efforts during study.

All characters and fact patterns used in this text are fictitious, and any resemblance to actual persons, living or dead, or real events is purely coincidental. The names used were chosen at random. The fact patterns used are all imaginary and are not based upon any real cases.

The forms used in the text were developed by the author merely for purposes of illustration and are neither intended nor fit for use in any actual transactions.

The purpose of the text is to allow a beginning student in business law to develop methods for future inquiry into the law as well as an appreciation of this exciting field of study. The text is not designed to assist or encourage the unauthorized practice of law. In real situations, readers should always obtain competetent legal assistance.


CONTENTS

SECTION I: THE LAW IN GENERAL

  • Chapter 1: Sources of the Law —
    (Legislative Law; Judicial Law; Administrative Regulations; Priority of Laws and Federal Supremacy; Research for Business People)

  • Chapter 2: Practical Legal Research —
    (Preparation for Research; Research; Memorandum)

SECTION II: TORTS

  • Chapter 3: Intentional Torts —
    (Battery; Assault; False Imprisonment; Intentional Infliction of Emotional Distress; Invasion of Privacy; Trespaass to Land; Private Nuisance; Trespass to Chattels; Conversion; Intentional Mispresentation; Defamation of Character; Injurious Falsehood; Interference with Contractual Relations; Interference with Prospective Advantage)

  • Chapter 4: Defenses to Intentional Torts —
    (Consent; Self Defense of People and Property)

  • Chapter 5: Negligence and Strict Liability —
    (Negligence; Trespassers and Constructive Bailees; Licensees and Gratuitious Bailees; Business Invitees, Mutual Benefit Bailees and Children; Bailee Liability; Unusually Dangerous Activities and Products)

  • Chapter 6: Defenses to Negligence —
    (Exculpatory Clauses; Contributory Negligence; Assumption of the Risk; Comparative Negligence)

SECTION III: CONTRACTS

  • Chapter 7: Contract Formation —
    (Contract; Express Contract and Implied Contract; Offer; Offer Termination; Option Contract; Acceptance; Consideration; Modification of Contract; Promissory Estoppel; Quasi Contract)

  • Chapter 8: Contract Defenses —
    (Illegality; Incapacity; Mutual Mistake; Misrepresentation; Nondisclosure; Undue Influence; Duress; Statue of Frauds)

  • Chapter 9: Contract Discharges —
    (Performance; Mutual Rescission; Accord and Satisfaction; Impossibility of Performance; Breach of Contract)

  • Chapter 10: Assignment —
    (Assignment; Notice of Assignment; Delegation; Third Party Beneficiary Rights)

  • Chapter 11: Remedies —
    (Rescission and Restitution; Anticipatory Repudiation; Liquidated Damages; Full Performance; Substantial Performance; Breach of Contract; Compensatory Damages; Consequential Damages; Specific Performance; Quasi Contract)

  • Chapter 12: Contract Critique —
    (Investigate; Research; Memorandum; Contract Critique Exercise)

SECTION IV: BUSINESS ORGANIZATIONS

  • Chapter 13: Principal and Agent —
    (Agent and Principal; Disclosure; Equal Dignity Rule; Actual Authority; Apparent Authority; No Authority; Termination of Actual Authority; Termination of Apparent Authority; Doctrine of Respondeat Superior; Fiduciary Duty)

  • Chapter 14: Partnershgips
    (Partnership; Partnership Agreement; Authority; Majority and Unanimous Approval; Partnership by Estoppel; Profits, Losses and Votes; Liability; Liability of New General Partners; Limited Partnerships; Liability of Limited Partners; Dissolution; Priorities on Dissolution)

  • Chapter 15: Corporations
    (Incorporation; Stock; Stockholders; Stockholder Appraisal Rights; Derivative Actions; Piercing the Corporate Veil; Directors; Directors' Meetings; Dividends; Corporation Dissolution)

SECTION V: UNIFORM COMMERCIAL CODE

  • Chapter 16: Sales Contracts
    (Offer; Acceptance; Modification; Merchant's Firm Offer)

  • Chapter 17: Sales Contract Defenses and Discharges
    (Written Sales Contracts; Unconscionability; Casualty to Identified Goods; Failure of Presupposed Conditions; Bulk Transfers)

  • Chapter 18: Title, Risk of Loss and Performance
    (Title and Risk of Loss; Sale on Approval; Sale or Return; Perfect Tender Rule; Notification of Breach)

  • Chapter 19: Sales Warranties
    (Express Warranties; Implied Warranty of Title; Implied Warranty of Merchantability; Implied Warranty of Fitness; Liability)

  • Chapter 20: Secured Transactions
    (Security Interests; Unperfected Security Interests; Perfection; Perfected Security Interests; Termination Statements)

  • Chapter 21: Commercial Paper
    (Notes and Drafts; Bearer and Order Paper; Blank and Special Indorsements; Restrictive and Conditional Indorsements; Implied Transferors' Warranties; Primary Liability; Secondary Liability; Implied Endorsers Warranties; Negotiable Instruments; Negotiation; Assignment)

SECTION VI: MISCELLANEOUS TOPICS

  • Chapter 22: Property
    (Tenancy in Common; Joint Tenancy; Real Estate Contracts; Mortgates; Deeds of Trust; Adverse Possession; Easement by Prescription; Eminent Domain; Eviction; Tenancy at Sufferance; Tenancy at Will; Periodic Tenancy; Tenancy for Years; Zoning; Restrictive Covenants; Warranty and Quitclaim Deeds)

  • Chapter 23: Liens
    (Liens; Judgment Liens; Repairmen's Liens; Materialmen's and Mechanics' Liens; Lien Priorities)

  • Chapter 24: Labor Law
    (National Labor Relations Board; Unfair Labor Practices of Employers; Unfair Labor Practices of Unions; Craft and Industrial Unions; Organizational Campaigns; Bargaining Units; Authorization Card Campaigns; Voluntary Employee Recognition; Representation Elections; Campaign Tactics of Employers)

  • Chapter 25: Credit Law
    (Creditors' Remedies, Fraudulent Transfers; Assignments for the Benefit of Creditors; Composition Agreements; Extension Agreements, Chapter 7 Liquidation; Chapter 11 Reorganization; Chapter 13 Wage Earners' Plans; Preferential Transfers; Priorities in Bankruptcy)

INDEX