Authors: John D. Ashcroft, Janet Ashcroft
ISBN-13: 9780324786538, ISBN-10: 0324786530
Format: Paperback
Publisher: Cengage Learning
Date Published: January 2010
Edition: 17th Edition
John Ashcroft is currently a distinguished professor of law and government at the Regent University School of Law. He previously served as Attorney General of the United States for four years. Prior to that he served one term in the United States Senate from 1995 to 2001, and had served as Governor of Missouri for two terms. As Governor, Ashcroft balanced eight consecutive budgets during his terms, and Fortune magazine rated him one of the top 10 education governors. Ashcroft was elected to two terms as attorney general of Missouri prior to serving as governor.
In the Senate, Ashcroft took a leading role on key issues such as welfare reform, juvenile crime, and reform of the civil justice system, while authoring significant changes to federal law. He served on the Judiciary; the Commerce, Science, and Transportation; and the Foreign Relations committees and was also the chairman of subcommittees on the Constitution, consumer affairs, and Africa, respectively.
Ashcroft, widely recognized for his innovative use of technology and the Internet, has taught students about using the Internet and on-line information as a tool of citizenship.
Prior to entering public service, Ashcroft taught business law at then Southwest Missouri State University (now Missouri State University) in Springfield, Missouri. He graduated with honors from Yale University in 1964, met his wife, Janet, at the Law School of the University of Chicago where they each received law degrees, and later co-authored two college textbooks together.
Janet Ashcroft has been a full-time faculty member at Howard University, teaching business law, taxation, and accounting, and serving on the Judiciary Committee at the university. She is a member of the Board of Trustees of Patrick Henry College and has served on the Visiting Committee of the University of Chicago, chair of the Alzheimer's disease Task Force for the State of Missouri and as state liaison for the National Alzheimer's Association.
Book Synopsis
Practical and accessible, LAW FOR BUSINESS provides a concise yet complete overview of all key topics in business law, allowing for maximum breadth of coverage for courses with tight time constraints.
Booknews
The latest edition of this overview of the law of commercial transactions adds a number of significant recent cases from the business world. The emphasis is on practical coverage of law pertaining to business, in areas such as contracts, partnerships, property, employer/employee relations, and insurance. Co-author John Ashcroft is currently the Bush administration's attorney general; Janet Ashcroft has taught at Howard U. and Central Bible College, Springfield, MO. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Table of Contents
Preface ix
The Legal System and the Legal Environment of Business 1
Introduction to Law 2
Objectives of Law 3
Roots of Our Legal System 3
The Common Law 3
Equity 3
Sources of Law 4
Civil versus Criminal Law 6
Tort Law 7
Ethics 8
Questions 10
Courts and Court Procedure 11
Function of the Courts 11
Jurisdiction of Courts 12
Classification of Courts 12
Court Officers 17
Procedure in Courts of Record 18
Procedure in Small Claims Court 19
Questions 20
Business Torts and Crimes 21
Torts 21
Crimes 27
Types of Business Crimes 27
Questions 33
Case Problems 34
Government Regulation of Business 37
Purpose of Regulation 38
Administrative Agencies 38
Antitrust 40
Environmental Protection 41
Questions 44
Contracts 45
Nature and Classes of Contracts 46
Requirements for a Contract 47
Contracts Contrasted with Agreements 47
Classification of Contracts 48
Questions 52
Case Problems 53
Offer and Acceptance 55
Requirements of a Valid Offer 56
Invitations to Make Offers 57
Duration of the Offer 59
The Acceptance 60
Counteroffers 61
Inquiries Not Constituting Rejection 62
Manner of Acceptance 62
Questions 63
Case Problems 63
Capacity to Contract 65
Minors 66
Mentally Incompetent Persons 69
Intoxicated Persons 71
Convicts 71
Questions 71
Case Problems 72
Consideration 74
Nature of Consideration 74
Adequacy of Consideration 75
Exceptions to Requirement of Consideration 79
Questions 80
Case Problems 81
Defective Agreements 83
Mistakes 83
Mistakes That Invalidate Contracts 84
Mistakes That Do Not Invalidate Contracts 86
Fraud 88
Duress 90
Undue Influence 91
Remedies for Breach of Contract Because of Fraud, Duress, or Undue Influence 92
Questions 93
Case Problems 94
Illegal Agreements 96
Contracts Prohibited by Statute 97
Contracts Contrary to Public Policy 102
Questions 103
Case Problems 104
Written Contracts 106
Reasons for Written Contracts 106
Statute of Frauds 107
Note Or Memorandum 110
Other Written Contracts 111
Parol Evidence Rule 112
Questions 112
Case Problems 113
Third Parties and Contracts 115
Involving a Third Party 115
Technicalities of an Assignment 119
Joint, Several, and Joint and Several Contracts 121
Questions 123
Case Problems 123
Termination of Contracts 125
Methods by Which Contracts Are Terminated 125
Remedies for Breach of Contract 131
Malpractice 133
Questions 134
Case Problems 134
Summary Cases 137
Personal Property 141
Nature of Personal Property 142
Personal Property 142
Methods of Acquiring Personal Property 144
Bailments 147
The Bailment Agreement 148
Delivery and Acceptance 148
Return of the Bailed Property 149
Types of Bailments 149
Conversion of Bailed Property by the Bailee 151
Questions 152
Case Problems 152
Special Bailments 155
Carriers 155
Liability of Common Carriers of Goods 157
Hotelkeepers 163
Questions 166
Case Problems 166
Summary Cases 169
Sales 171
Sales of Personal Property 172
Property Subject to Sale 172
Sales and Contracts to Sell 173
Sales of Goods and Contracts for Services 174
Price 174
Existing Goods 175
Future Goods 175
Bill of Sale 176
Illegal Sales 177
International Sales Contracts 177
Questions 178
Case Problems 178
Formalities of a Sale 180
Multiple Purchases and the Statute of Frauds 181
When Proof of Oral Contract Is Permitted 181
Nature of the Writing Required 183
Questions 185
Case Problems 185
Transfer of Title and Risk in Sales Contracts 187
Potential Problems in Sales Transactions 188
Classification of Sales Transactions 188
Ownership, Insurable Interests, and Risk of Loss in Particular Transactions 189
Damage to Or Destruction of Goods 192
Sales on Approval and with Right to Return 193
Special Rules on Transfer of Title 194
Questions 197
Case Problems 198
Warranties, Product Liability, and Consumer Protection 200
Express Warranties 201
Implied Warranties 202
Full Or Limited Warranties 202
Warranties of All Sellers 202
Additional Warranties of Merchant 204
Warranties in Particular Sales 206
Exclusion and Surrender of Warranties 207
Product Liability 209
Identity of Parties 211
Nature and Cause of Harm 211
Consumer Protection 212
Questions 218
Case Problems 218
Summary Cases 221
Negotiable Instruments 223
Nature of Negotiable Instruments 224
History and Development 224
Negotiation 225
Order Paper and Bearer Paper 225
Classification of Commercial Paper 226
Parties to Negotiable Instruments 227
Negotiation and Assignment 229
Credit and Collection 230
Electronic Fund Transfers 230
Questions 231
Case Problems 232
Essentials of Negotiability 234
Requirements 234
Issue and Delivery 239
Delivery of an Incomplete Instrument 239
Dare and Place 240
Questions 241
Case Problems 241
Promissory Notes and Drafts 243
Notes 243
Drafts 245
Checks 248
Questions 253
Case Problems 254
Negotiation and Discharge 256
Place of Indorsement 257
Multiple Payees 258
Kinds of Indorsements 259
Liability of Indorser 261
Obligation of Negotiator of Bearer Paper 261
Discharge of the Obligation 262
Questions 262
Case Problems 263
Liabilities of Parties and Holders in Due Course 265
Liability for the Face of the Paper 267
Liability for Warranties 271
Holders in Due Course 272
Holder Through a Holder in Due Course 274
Holders of Consumer Paper 274
Questions 276
Case Problems 276
Defenses 279
Classification of Defenses 280
Miscellaneous Matters 284
Questions 284
Case Problems 285
Summary Cases 287
Agency and Employment 291
Nature and Creation of an Agency 292
Importance of Agency 293
What Powers May be Delegated to an Agent? 293
Who May Appoint an Agent? 293
Who May Act as an Agent? 294
Classification of Agents 294
Additional Types of Agents 295
Extent of Authority 295
Creation of an Agency 297
Other Employment Relationships 299
Questions 300
Case Problems 300
Operation and Termination of an Agency 303
Agent's Duties to Principal 303
Principal's Duties to Agent 305
Agent's Liabilities to Third Parties 307
Principal's Duties and Liabilities to Third Parties 308
Termination of an Agency by Acts of the Parties 308
Termination by Operation of Law 309
Notice of Termination 310
Questions 311
Case Problems 311
Employer and Employee Relations 314
Creation of Employer and Employee Relationship 315
Duties and Liabilities of the Employer 316
Common-law Defenses of the Employer 317
Statutory Modification of Common Law 317
Liabilities of the Employer to Third Parties 319
Employee's Duties to the Employer 320
Federal Social Security Act 321
Questions 323
Case Problems 323
Employees' Rights 325
Discrimination 326
Testing 332
Protections 334
Other Sources of Rights 336
Questions 337
Case Problems 337
Labor Legislation 340
The Fair Labor Standards Act 341
The National Labor Relations Act and the Labor Management Relations Act 342
The Labor-Management Reporting and Disclosure Act 345
Questions 347
Case Problems 347
Summary Cases 350
Business Organization 353
Introduction to Business Organization 354
Sole Proprietorship 354
Partnership 357
Corporations 360
Questions 363
Case Problems 363
Creation and Operation of a Partnership 365
Partnership Agreements 365
Partnership Firm Name 367
Partner's Interest in Partnership Property 368
Duties of Partners 368
Rights of Partners 370
Liabilities of Partners 372
Nature of Partnership Liabilities 373
Authority of a Partner 374
Sharing of Profits and Losses 374
Questions 374
Case Problems 375
Dissolution of a Partnership 378
Dissolution by Acts of the Parties 379
Dissolution by Court Decree 380
Dissolution by Operation of Law 381
Effects of Dissolution 382
Notice of Dissolution 383
Distribution of Assets 383
Questions 384
Case Problems 384
Nature of a Corporation 387
Classification by Purpose 387
Classification by State of Incorporation 389
Formation of a Corporation 389
Liability on Promoter's Contracts and Expenses 389
Issuance of Stock 390
Articles of Incorporation 391
Powers of a Corporation 391
Ultra Vires Contracts 392
Questions 393
Case Problems 393
Ownership of a Corporation 395
Ownership 396
Stock Certificate 396
Transfer of Stock 396
Classes of Stock 397
Kinds of Stock 398
Stock Options 400
Dividends 400
Laws Regulating Stock Sales 401
Questions 403
Case Problems 403
Management and Dissolution of a Corporation 405
Stockholders' Meetings 406
Rights of Stockholders 409
Directors 410
Officers 411
Liabilities of Directors and Officers 412
Corporate Combinations 413
Dissolution 414
Questions 414
Case Problems 414
Summary Cases 417
Risk-Bearing Devices 421
Principles of Insurance 422
Terms Used in Insurance 423
Types of Insurance Companies 424
Who May be Insured 424
Some Legal Aspects of the Insurance Contract 426
Questions 429
Case Problems 430
Types of Insurance 432
Life Insurance 432
Property Insurance 436
Description of the Property 438
Coinsurance 438
Repairs and Replacements 439
Defense and Notice of Lawsuits 439
Automobile Insurance 440
Questions 444
Case Problems 444
Security Devices 446
Guaranty and Suretyship 446
Secured Credit Sales 451
Effect of Default 453
Questions 454
Case Problems 455
Bankruptcy 457
Who Can File a Petition of Bankruptcy? 458
Kinds of Debtors 458
Required Counselling 459
Procedure in a Chapter 7 Case 459
Nonliquidation Plans 459
Eligibility Restrictions for Chapter 7 460
Exempt Property 461
Included Property 461
Debtor's Duties During Bankruptcy 461
Proof of Claims 462
Reclamations 462
Types of Claims 462
Priority of Claims 463
Discharge of Indebtedness 463
Debts not Discharged 463
Questions 464
Case Problems 464
Summary Cases 466
Real Property 469
Nature of Real Property 470
Distinguishing Real Property 470
Multiple Ownership 472
Estates in Property 474
Other Interests in Real Property 475
Acquiring Real Property 477
Questions 478
Case Problems 478
Transfer of Real Property 480
Deeds 480
Provisions in a Deed 483
Delivery 485
Recording 485
Abstract of Title 486
Title Insurance 486
Questions 486
Case Problems 486
Real Estate Mortgages 489
The Mortgage Contract 490
Recording 490
Duties of the Mortgagor 492
Rights of the Mortgagor 493
Foreclosure 495
Assignment of the Mortgage 496
Deed of Trust 496
Mortgage Insurance 497
Questions 497
Case Problems 498
Landlord and Tenant 500
The Lease 503
Types of Tenancies 503
Rights of the Tenant 505
Duties of the Tenant 506
Rights of the Landlord 507
Duties of the Landlord 507
Termination of the Lease 508
Improvements 510
Discrimination 511
Questions 511
Case Problems 511
Wills, Inheritances, and Trusts 513
Limitations on Disposition of Property 514
Terms Common to Wills 515
Distinguishing Characteristics of a Will 515
Formalities 515
Special Types of Wills 516
The Wording of a Will 517
Revocation 517
Codicils 517
Abatement and Ademption 519
Probate of a Will 519
When Administration Is Unnecessary 520
Title by Descent 520
Per Capita and Per Stirpes Distribution 520
Administrators 522
Trusts 522
Questions 525
Case Problems 525
Summary Cases 528
Table of Cases T1
Glossary G1
Index I1
Subjects