| |
| |
Guide to Reading Legal Cases | |
| |
| |
| |
Introduction To Law And The Legal System | |
| |
| |
| |
Law and Courts | |
| |
| |
Introduction to Law an Business Law | |
| |
| |
Sources of Law in the United States | |
| |
| |
American Court Systems | |
| |
| |
| |
Civil Dispute Resolution | |
| |
| |
Alternative Dispute Resolution | |
| |
| |
Litigation-Pretrial Proceedings | |
| |
| |
Trial | |
| |
| |
Post-Trial Proceedings | |
| |
| |
| |
Criminal Law and Procedure | |
| |
| |
Substantive Criminal Law | |
| |
| |
Criminal Procedure | |
| |
| |
| |
The Constitution and Business Regulation | |
| |
| |
Governmental Power to Regulate Business and Commerce | |
| |
| |
Constitutional Limitations on Federal and State Regulation of Business | |
| |
| |
Administrative Agencies | |
| |
| |
| |
Tort Law | |
| |
| |
Introduction to Tort Law | |
| |
| |
Intentional Torts | |
| |
| |
Negligence | |
| |
| |
Strict Liability | |
| |
| |
| |
Introduction to Property and the Uniform Commercial Code | |
| |
| |
Introduction to Property | |
| |
| |
Introduction to the Uniform Commercial Code (UCC) | |
| |
| |
| |
CONTRACTS | |
| |
| |
| |
Introduction to Contracts | |
| |
| |
The Law of Contracts | |
| |
| |
Types of Contracts | |
| |
| |
Scope and Organization of Contract Study | |
| |
| |
| |
Contract Formation-Agreement | |
| |
| |
The Offer | |
| |
| |
Termination of the Offer Before Acceptance | |
| |
| |
Acceptance | |
| |
| |
| |
Contract Formation-Consideration | |
| |
| |
The Doctrine of Consideration | |
| |
| |
Legal Detriment | |
| |
| |
Bargained-for Exchange | |
| |
| |
Settlement of Claims | |
| |
| |
Mutuality of Consideration | |
| |
| |
Promissory Estoppel | |
| |
| |
| |
Capacity and Legality | |
| |
| |
Contractual Capacity | |
| |
| |
Unenforceability on Public Policy Grounds | |
| |
| |
| |
Genuine Assent | |
| |
| |
Fraud (Deceit) and Misrepresentation | |
| |
| |
Mistake | |
| |
| |
Duress and Undue Influence | |
| |
| |
| |
Written Agreements | |
| |
| |
Contract Interpretation | |
| |
| |
Effect of Adopting a Writing: The Parol Evidence Rule | |
| |
| |
The Statute of Frauds | |
| |
| |
Effect of Alteration | |
| |
| |
| |
Third Parties | |
| |
| |
Assignment and Delegation | |
| |
| |
Third-Party Beneficiaries | |
| |
| |
| |
Performance of the Contract | |
| |
| |
Conditions | |
| |
| |
Performance and Breach | |
| |
| |
Effect of Prospective Nonperformance | |
| |
| |
Excuses for Nonperformance | |
| |
| |
| |
Contract Remedies | |
| |
| |
The Role of Contract Remedies | |
| |
| |
Enforcement by an Award of Damages-The Remedy at Law | |
| |
| |
Equitable Remedies-Specific Performance, Injunction Against Breach, and Reformation | |
| |
| |
Restitution | |
| |
| |
Election of Remedies | |
| |
| |
| |
SALES | |
| |
| |
| |
The Sales Contract-General Obligations | |
| |
| |
Introduction to the Sales Contract | |
| |
| |
General Obligations of the Parties | |
| |
| |
Open Price and Quantity Terms | |
| |
| |
Auction Sales-Â 2-328 | |
| |
| |
Personal Property Leases | |
| |
| |
| |
The Sales Contract-Title and Risk of Loss | |
| |
| |
Passage of Title | |
| |
| |
Identification | |
| |
| |
Risk of Loss | |
| |
| |
| |
The Sales Contract-Remedies | |
| |
| |
Remedial Philosophy of the Code | |
| |
| |
Buyers' Obligations | |
| |
| |
Buyers' Remedies | |
| |
| |
Sellers' Remedies | |
| |
| |
Statute of Limitations | |
| |
| |
| |
The Sales Contract-Warranties | |
| |
| |
Introduction to Warranties | |
| |
| |
Express Warranties | |
| |
| |
Implied Warranties | |
| |
| |
Warranty of Title and Against Infringement | |
| |
| |
Conflict of Warranties-Â 2-317 | |
| |
| |
Remedies for Breach of Warranty | |
| |
| |
Magnuson-Moss Warranty Act | |
| |
| |
| |
Products Liability | |
| |
| |
Overview of Modern Products Liability Law | |
| |
| |
Negligence | |
| |
| |
Strict Liability in Tort | |
| |
| |
Products Liability Today | |
| |
| |
| |
Negotiable Instruments | |
| |
| |
| |
Introduction to Negotiable Instruments | |
| |
| |
Introduction to Article | |
| |
| |
| |
Introduction to Negotiability | |
| |
| |
| |
Negotiability | |
| |
| |
Formal Requisites of Negotiability | |
| |
| |
Incomplete Instructions | |
| |
| |
| |
Negotiation | |
| |
| |
Introduction to Negotiation | |
| |
| |
Indorsements | |
| |
| |
Negotiation Subject to Rescission | |
| |
| |
| |
Holders in Due Course | |
| |
| |
General Requirements | |
| |
| |
Rights of a Holder in Due Course | |
| |
| |
| |
Liability of Parties-Contract Liability | |
| |
| |
Liability Based upon Signature | |
| |
| |
Primary Liability | |
| |
| |
Secondary Liability | |
| |
| |
Accommodation Parties | |
| |
| |
Effect of Instrument on Underlying Obligation | |
| |
| |
| |
Liability of Parties-Forgery and Alteration | |
| |
| |
Basic Concepts of Forgery and Alteration | |
| |
| |
Forgery and Alteration-Specific Problems | |
| |
| |
| |
Bank Deposits and Collections | |
| |
| |
Credit Cards and Electronic Fund Transfers | |
| |
| |
The Check Collection Process | |
| |
| |
Legal Aspects of the Check Collection Process | |
| |
| |
Relationship Between Payor Bank and Its Customer | |
| |
| |
Credit Cards | |
| |
| |
Electronic Funds Transfer | |
| |
| |
| |
Debtor-Creditor Relations | |
| |
| |
| |
Introduction to Debtor-Creditor Relations | |
| |
| |
The Law of Debtors and Creditors | |
| |
| |
Government Regulation of Credit | |
| |
| |
| |
Creditors' Remedies | |
| |
| |
State Debt Collection Remedies | |
| |
| |
Fraudulent Conveyances and Bulk Sales | |
| |
| |
| |
Bankruptcy | |
| |
| |
Introduction to Bankruptcy | |
| |
| |
Straight Bankruptcy-Chapter | |
| |
| |
| |
Rehabilitation-Chapters 11, 12 and | |
| |
| |
| |
Collective Creditors' Remedies Outside Bankruptcy | |
| |
| |
| |
Introduction to Secured Transactions | |
| |
| |
Introduction to Article 9 of the UCC | |
| |
| |
Attachment of a Security Interest | |
| |
| |
Perfection of a Security Interest | |
| |
| |
Default | |
| |
| |
| |
Secured Transactions-Priorities | |
| |
| |
General Rules of Priority | |
| |
| |
The Floating Lien Priority Rules | |
| |
| |
Priorities in Fixtures-Â 9-334 | |
| |
| |
Special Topics | |
| |
| |
| |
Suretyship | |
| |
| |
Introduction to Suretyship | |
| |
| |
The Suretyship Contract | |
| |
| |
Relationship Between Surety and Principal | |
| |
| |
Relationship Between Surety and Creditor-In General | |
| |
| |
Relationship Between Surety and Creditor-Surety's Defenses | |
| |
| |
Multiple Sureties | |
| |
| |
| |
PROPERTY | |
| |
| |
| |
Personal Property Ownership and Transfer | |
| |
| |
Introduction to Property Ownership and Transfer | |
| |
| |
Acquiring Title to, or an Interest in, Personal Property | |
| |
| |
Fixtures | |
| |
| |
| |
Bailments, Documents of Title, and Letters of Credit | |
| |
| |
Introduction to Bailments | |
| |
| |
General Liability of the Bailer | |
| |
| |
Bailments for Shipment or Storage | |
| |
| |
Letters of Credit | |
| |
| |
| |
Real Property Ownership | |
| |
| |
Freehold Estates in Property | |
| |
| |
Co-ownership of Property | |
| |
| |
Introduction to Landlord and Tenant | |
| |
| |
Rights and Obligations of Landlord and Tenant | |
| |
| |
Transferring Interests in Leased Property | |
| |
| |
| |
Real Property Transfer | |
| |
| |
Voluntary Transfer of Real Property by Sale-Conveyancing | |
| |
| |
Financing Real Property | |
| |
| |
Transfer of Real Property by Adverse Possession | |
| |
| |
| |
Regulating Land Use | |
| |
| |
Private Regulation of Land Use | |
| |
| |
Public Regulation of Land Use | |
| |
| |
| |
Decedents' Estates and Trusts | |
| |
| |
Introduction to Transfers on Death | |
| |
| |
Wills and Intestate Succession | |
| |
| |
Introduction to Trusts | |
| |
| |
Creation, Modification, and Termination of Trusts | |
| |
| |
Trust Administration | |
| |
| |
Principal and Income Allocation | |
| |
| |
Charitable Trusts | |
| |
| |
Resulting Trusts | |
| |
| |
| |
BUSINESS ORGANIZATIONS | |
| |
| |
| |
Introduction to Agency | |
| |
| |
General Principles of Agency | |
| |
| |
Agency and Contracts | |
| |
| |
Liability of Principal for Notice of Agent | |
| |
| |
Termination of Agency Powers | |
| |
| |
| |
Agency and Torts | |
| |
| |
Tort Liability of Principal and Agent | |
| |
| |
Worker's Compensation | |
| |
| |
| |
Introduction to Partnership | |
| |
| |
Forms of Business Organizations | |
| |
| |
Introduction to Partnership Law | |
| |
| |
Nature and Formation of Partnership | |
| |
| |
Relationship Among Partners | |
| |
| |
| |
Operation and Termination of Partnership | |
| |
| |
General Partners and Third Parties | |
| |
| |
Dissociation, Dissolution, and Liquidation | |
| |
| |
| |
Limited Partnership and Limited Liability Companies | |
| |
| |
Limited Partnership | |
| |
| |
Limited Liability Companies | |
| |
| |
| |
Introduction to Corporations | |
| |
| |
The Law of Corporations | |
| |
| |
Incorporation and Admission | |
| |
| |
Promoter and Shareholder Liability | |
| |
| |
| |
Corporate Financial Structure | |
| |
| |
Introduction to Corporate Financial Structure | |
| |
| |
Ownership and Transfer of Securities | |
| |
| |
Dividends, Distributions, and Redemptions | |
| |
| |
| |
Corporate Management-Structure and Duties | |
| |
| |
Shareholders | |
| |
| |
Corporate Management | |
| |
| |
Duties of Management | |
| |
| |
| |
Corporate Management-Special Topics | |
| |
| |
Corporate Litigation | |
| |
| |
Extraordinary Corporate Matters | |
| |
| |
The Closely-Held Corporation-Special Problems | |
| |
| |
| |
Government Regulation Of Business | |
| |
| |
| |
Securities Regulation | |
| |
| |
Introduction to Securities Regulation | |
| |
| |
The Securities Act of 1933-Registration | |
| |
| |
Exemption from 1933 Act Registration | |
| |
| |
Liability Under the 1933 Act | |
| |
| |
Introduction to the Securities Exchange Act of 1934 | |
| |
| |
1934 Act Corporate Control Regulation | |
| |
| |
1934 Act Insider Trading and Antifraud Regulation | |
| |
| |
| |
Introduction to Antitrust Law | |
| |
| |
Historical Background | |
| |
| |
Enforcing the Antitrust Laws | |
| |
| |
The Reach of the Antitrust Laws-Scope and Regulations | |
| |
| |
Economics and Antitrust | |
| |
| |
| |
The Sherman Act | |
| |
| |
Introduction to  1 | |
| |
| |
Horizontal Restraints | |
| |
| |
Vertical Restraints | |
| |
| |
Monopolization | |
| |
| |
| |
The Clayton Act and Federal Trade Commission Act | |
| |
| |
Price Discrimination-The Robinson-Patman Act | |
| |
| |
Mergers-Clayton Act  7 | |
| |
| |
Federal Trade Commission Act | |
| |
| |
| |
Employee Protection and Labor Law | |
| |
| |
Employee Protection Statutes | |
| |
| |
Labor Law | |
| |
| |
| |
Federal Equal Employment Opportunity Laws | |
| |
| |
Title VII of the Civil Rights Act of 1964 | |
| |
| |
Age Discrimination in Employment Act | |
| |
| |
Title I of the Americans with Disabilities Act | |
| |
| |
Enforcement of Title VII, the ADEA, and Title I | |
| |
| |
Other Statutes Limiting Employment Discrimination | |
| |
| |
| |
Environmental Law | |
| |
| |
Introduction to Environmental Law | |
| |
| |
Clear Air Act | |
| |
| |
Clean Water Act | |
| |
| |
Regulation of Toxic and Hazardous Substances | |
| |
| |
National Environmental Policy Act | |
| |
| |
| |
SPECIAL TOPICS | |
| |
| |
| |
Accountants' Liability | |
| |
| |
Common Law Liability | |
| |
| |
Statutory Liability | |
| |
| |
Accountant-Client Privilege | |
| |
| |
The Return Preparation Liability | |
| |
| |
| |
Insurance Law | |
| |
| |
Introduction to Insurance | |
| |
| |
Insurable Interest | |
| |
| |
Persons and Interests Protected | |
| |
| |
Risk Transferred | |
| |
| |
Claims and Recovery | |
| |
| |
Rights and Defenses of Insurer | |
| |
| |
| |
International Legal Problems | |
| |
| |
International Law and Organizations | |
| |
| |
Distribution of National Powers Over Foreign Affairs | |
| |
| |
National Courts in the International Setting | |
| |
| |
Treatment of Foreign Nationals and Their Property | |
| |
| |
National Courts and Foreign Sovereignty | |
| |
| |
| |
Technology Law | |
| |
| |
Intellectual Property | |
| |
| |
Computer Law and Cyberlaw | |
| |
| |
Glossary | |
| |
| |
| |
The Constitution of the United States | |
| |
| |
| |
Uniform Commercial Code (2000 Official Test) | |
| |
| |
| |
Revised Uniform Partnership Act (1994) [Including the Uniform Limited Liability Partnership Amendments (1997)] | |
| |
| |
| |
Revised Uniform Limited Partnership Act (1976) with 1985 Amendments | |
| |
| |
| |
Revised Model Business Corporation Act (1984) (As Amended Through May 2001) | |
| |
| |
Credits | |
| |
| |
Table of Cases | |
| |
| |
Index | |