Smith and Roberson's Business Law

ISBN-10: 0324001959

ISBN-13: 9780324001952

Edition: 11th 2000

Authors: Roberts Mann

List price: $253.95
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Description:

This updated classic features a comprehensive presentation of business law topics that reflect AACSB guidelines. It's uniquely-located end-of-chapter cases give edited facts and decisions to preserve the language of the court.
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Book details

List price: $253.95
Edition: 11th
Copyright year: 2000
Publisher: Cengage South-Western
Publication date: 7/21/1999
Binding: Hardcover
Pages: 1360
Size: 9.45" wide x 10.63" long
Weight: 5.390
Language: English

Preface
Table of Cases
Table of Illustrations
The Legal Environment of Business
Introduction to Law
Nature of Law
Classification of Law
Sources of Law
Legal Analysis
Business Ethics and the Social Responsibility of Business
Law versus Ethics
Ethical Theories
Ethical Standards in Business
Ethical Responsibilities of Business
Legal Process
The Court System
The Federal Courts
State Courts
Jurisdiction
Subject Matter Jurisdiction
Jurisdiction over the Parties
Civil Dispute Resolution
Civil Procedure
Alternative Dispute Resolution
Constitutional Law
Basic Principles of Constitutional Law
Powers of Government
Limitations on Government
Administrative Law
Operation of Administrative Agencies
Limits on Administrative Agencies
Criminal Law
Nature of Crimes
White-Collar Crime
Crimes against Business
Defenses to Crimes
Criminal Procedure
Intentional Torts
Intent
Harm to the Person
Harm to the Right of Dignity
Harm to Property
Harm to Economic Interests
Defenses to Intentional Torts
Negligence and Strict Liability
Negligence
Breach of Duty of Care
Proximate Cause
Injury
Defenses to Negligence
Strict Liability
Activities Giving Rise to Strict Liability
Defenses to Strict Liability
Contracts
Introduction to Contracts
Development of the Law of Contracts
Definition of a Contract
Requirements of a Contract
Classification of Contracts
Promissory Estoppel
Quasi Contracts
Mutual Assent
Offer
Essentials of an Offer
Duration of Offers
Acceptance
Communication of Acceptance
Variant Acceptances
Conduct Invalidating Assent
Duress
Undue Influence
Fraud
Nonfraudulent Misrepresentation
Mistake
Consideration
Legal Sufficiency
Bargained-For Exchange
Contracts without Consideration
Illegal Bargains
Violations of Statutes
Violations of Public Policy
Effect of Illegality
Contractual Capacity
Minors
Incompetent Persons
Intoxicated Persons
Contracts in Writing
Statute of Frauds
Contracts within the Statute of Frauds
Compliance with the Statute of Frauds
Effect of Noncompliance
Parol Evidence Rule
The Rule
Situations to Which the Rule Does Not Apply
Supplemental Evidence
Interpretation of Contracts
Third Parties to Contracts
Assignment of Rights
Delegation of Duties
Third-Party Beneficiary Contracts
Performance, Breach, and Discharge
Conditions
Discharge by Performance
Discharge by Breach
Discharge by Agreement of the Parties
Discharge by Operation of Law
Remedies
Interests Protected by Contract Remedies
Monetary Damages
Remedies in Equity
Restitution
Limitations on Remedies
Agency
Relationship of Principal and Agent
Nature of Agency
Creation of Agency
Duties of Agent to Principal
Duties of Principal to Agent
Termination of Agency
Relationship with Third Parties
Relationship of Principal and Third Persons
Contract Liability of the Principal
Tort Liability of the Principal
Criminal Liability of the Principal
Relationship of Agent and Third Persons
Contract Liability of Agent
Tort Liability of Agent
Rights of Agent against Third Person
Sales
Introduction to Sales and Leases
Nature of Sales and Leases
Definitions
Fundamental Principles of Article 2 and Article 2A
Formation of Sales and Lease Contracts
Manifestation of Mutual Assent
Consideration
Form of the Contract
Performance
Performance by the Seller
Performance by the Buyer
Obligations of Both Parties
Transfer of Title and Risk of Loss
Transfer of Title
Risk of Loss
Sales of Goods in Bulk
Products Liability: Warranties and Strict Liability in Tort
Warranties
Types of Warranties
Obstacles to Warranty Actions
Strict Liability in Tort
Requirements of Strict Liability
Obstacles to Recovery
Remedies
Remedies of the Seller
Remedies of the Buyer
Contractual Provisions Affecting Remedies
Negotiable Instruments
Form and Content
Negotiability
Types of Negotiable Instruments
Formal Requirements of Negotiable Instruments
Transfer
Negotiation
Indorsements
Holder in Due Course
Requirements of a Holder in Due Course
Holder in Due Course Status
The Preferred Position of a Holder in Due Course
Limitations upon Holder in Due Course Rights
Liability of Parties
Contractual Liability
Signature
Liability of Primary Parties
Liability of Secondary Parties
Termination of Liability
Liability Based on Warranty
Warranties on Transfer
Warranties on Presentment
Bank Deposits, Collections, and Funds Transfers
Bank Deposits and Collections
Collection of Items
Relationship between Payor Bank and Its Customer
Electronic Funds Transfers
Types of Electronic Funds Transfers
Consumer Funds Transfers
Wholesale Funds Transfers
Unincorporated Business Associations
Formation and Dissolution of General Partnerships
Choosing a Business Association
Factors Affecting the Choice
Forms of Business Associations
Formation of General Partnerships
Nature of Partnership
Formation of a Partnership
Dissolution of General Partnerships
Dissolution
Winding Up
Continuation after Dissolution
Operation of General Partnerships
Relationships among Partners
Duties among Partners
Rights among Partners
Relationship between Partners and Third Parties
Contracts of Partnership
Torts and Crimes of Partnership
Admissions of and Notice to a Partner
Liability of Incoming Partner
Limited Partnerships and Limited Liability Companies
Limited Partnerships
Limited Liability Companies
Other Types of Unincorporated Business Associations
Corporations
Nature, Formation, and Powers
Nature of Corporations
Corporate Attributes
Classification of Corporations
Formation of a Corporation
Organizing the Corporation
Formalities of Incorporation
Recognition or Disregard of Corporateness
Defective Incorporation
Piercing the Corporate Veil
Corporate Powers
Sources of Corporate Powers
Ultra Vires Acts
Liability for Torts and Crimes
Financial Structure
Debt Securities
Authority to Issue Debt Securities
Types of Debt Securities
Equity Securities
Issuance of Shares
Classes of Shares
Dividends and Other Distributions
Types of Dividends and Other Distributions
Legal Restrictions on Dividends and Other Distributions
Declaration and Payment of Distributions
Liability for Improper Dividends and Distributions
Management Structure
Corporate Governance
Role of Shareholders
Voting Rights of Shareholders
Enforcement Rights of Shareholders
Role of Directors and Officers
Function of the Board of Directors
Election and Tenure of Directors
Exercise of Directors' Functions
Officers
Duties of Directors and Officers
Fundamental Changes
Charter Amendments
Combinations
Dissolution
Debtor and Creditor Relations
Secured Transactions and Suretyship
Secured Transactions in Personal Property
Essentials of Secured Transactions
Classification of Collateral
Attachment
Perfection
Priorities among Competing Interests
Default
Suretyship
Nature and Formation
Rights of Surety
Defenses of Surety and Principal Debtor
Bankruptcy
Federal Bankruptcy Law
Case Administration--Chapter 3
Creditors, the Debtor, and the Estate--Chapter 5
Liquidation--Chapter 7
Reorganization--Chapter 11
Adjustment of Debts of a Family Farmer--Chapter 12
Adjustment of Debts of Individuals--Chapter 13
Creditors' Rights and Debtor's Relief Outside of Bankruptcy
Creditors' Rights
Debtor's Relief
Regulation of Business
Protection of Intellectual Property
Trade Secrets
Trade Symbols
Trade Names
Copyrights
Patents
Antitrust
Sherman Act
Clayton Act
Robinson-Patman Act
Federal Trade Commission Act
Consumer Protection
State and Federal Consumer Protection Agencies
Consumer Purchases
Consumer Credit Transactions
Creditors' Remedies
Employment Law
Labor Law
Employment Discrimination Law
Employee Protection
Securities Regulation
Securities Act of 1933
Definition of a Security
Registration of Securities
Exempt Securities
Exempt Transactions for Issuers
Exempt Transactions for Non-Issuers
Liability
Securities Exchange Act of 1934
Disclosure
Liability
Accountants' Legal Liability
Common Law
Federal Securities Law
Environmental Law
Common Law Actions for Environmental Damage
Nuisance
Trespass to Land
Strict Liability for Abnormally Dangerous Activities
Problems Common to Private Causes of Action
Federal Regulation of the Environment
The National Environmental Policy Act
The Clean Air Act
The Clean Water Act
Hazardous Substances
International Protection of the Ozone Layer
International Business Law
The International Environment
Jurisdiction over Actions of Foreign Governments
Transacting Business Abroad
Forms of Multinational Enterprises
Property
Introduction to Property and Property Insurance
Introduction to Property
Kinds of Property
Incidents of Property Ownership
Personal Property
Transfer of Title
Concurrent Ownership
Property Insurance
Fire and Property Insurance
Nature of Insurance Contracts
Bailments and Documents of Title
Bailments
Essential Elements of a Bailment
Rights and Duties of Bailor and Bailee
Special Types of Bailments
Documents of Title
Types of Documents of Title
Negotiability of Documents of Title
Interests in Real Property
Freehold Estates
Leasehold Estates
Concurrent Ownership
Nonpossessory Interests
Transfer and Control of Real Property
Transfer of Real Property
Contract of Sale
Deeds
Secured Transactions
Adverse Possession
Public and Private Controls
Zoning
Eminent Domain
Private Restrictions upon Land Use
Trusts and Decedents' Estates
Trusts
Types of Trusts
Creation of Trusts
Termination of a Trust
Decedents' Estates
Wills
Intestate Succession
Administration of Estates
Appendices
The Constitution of the United States of America
Uniform Commercial Code
Uniform Partnership Act
Revised Model Business Corporation Act
Dictionary of Legal Terms
Index
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