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Cengage Advantage Books: Business Law: Principles and Practices » (7th Edition)

Book cover image of Cengage Advantage Books: Business Law: Principles and Practices by Arnold J. Goldman

Authors: Arnold J. Goldman, William D. Sigismond
ISBN-13: 9780618640799, ISBN-10: 0618640797
Format: Paperback
Publisher: Cengage Learning
Date Published: June 2006
Edition: 7th Edition

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Author Biography: Arnold J. Goldman

Arnold J. Goldman is an attorney with the firm of Goldman and Goldman, in Rochester, New York. In addition to practicing law, he has taught courses in constitutional law at the University of Rochester and has been a guest lecturer in several schools in the Rochester area.

William D. Sigismond is Director of Experiential and Adult Learning and Adjunct Professor in the Department of Business Administration at Monroe Community College in Rochester, New York. He has taught business law at both the high school and college levels for over 35 years and is a member and past president of the New York State Business Educator's Association, as well as a member of many other professional organizations. A certified arbitrator, he has handled a range of cases for the American Arbitration Association and the Better Business Bureau.

Book Synopsis

Business Law offers a basic explanation of the legal rights and responsibilities of people in both the public and private sectors. Co-authored by a practicing attorney and a college professor, the text features practical and up-to-date content written in clear, straightforward language. The authors avoid using court jargon and show rather than tell students about the law with in-text examples, current and interesting cases, and ethical dilemmas. In-text examples immediately illustrate and reinforce the concepts under review. At the end of each chapter, Cases for Review present mini-cases and prompt students to review the facts and make a judgment based on concepts learned in the chapter. Questions and Problems to Discuss test students' comprehension of key chapter topics. Designed specifically for use with the Seventh Edition, the technology program includes a range of instructor and student resources.

Table of Contents

I. Understanding the Law
1.Foundations of Law and the Role of Ethics in Business Why Laws Are Needed The Nature of Law Purposes of a Legal System Development of Law Sources of Law in the United States Civil Law Versus Criminal Law Uniform Laws Adapting the Law to a Changing Environment Ethical Challenges in the World of Business Ethical Issues and Programs in Business
2.The Federal and State Court Systems and Their Constitutional Foundation The Court System in the United States The State Court System The Federal Court System Participants in the Legal System The Constitutional Framework of the U.S. Legal System
3.Criminal Law: Traditional and Cybercrimes Prologue Nature of Criminal Law Selected Personal and Business Crimes Cybercrime RICO: Racketeer Influences and Corrupt Organizations Act Common Defenses to Crimes The Criminal Justice System
4.Tort Law: Traditional and Cybertorts An Overview of Tort Law Classification of Torts Intentional Torts Defenses to Intentional Torts Torts Resulting from Negligence Defenses to Negligence Strict Liability in Tort Remedies for Torts Tort Reform
5.Litigation and Alternatives for Settling Civil Disputes Prologue Exploring a Personal Injury Lawsuit Anatomy of a Lawsuit Alternatives for Settling Disputes Online Dispute Resolution Courts Adopt Electronic Filing II. Traditional and E-Contracts
6.Contract Law: A Beginning What a Contract Is The Elements of a Valid Contract Contract Terminology Contracts Governed by Precedent or Statute
7.Agreement: Offer and Acceptance How Agreement Is Reached The Offer The Acceptance E-Contracts
8.Consideration The Requirement of Consideration The Nature ofConsideration Adequacy of Consideration Moral Consideration Past Consideration Special Problems Relating to Consideration Agreements Enforceable Without Consideration
9.Competent Parties Prologue Minors Persons Under the Influence of Alcohol or Other Drugs Persons with Mental Illness
10.Legal Purpose The Nature and General Effect of Illegal Agreements Agreements Forbidden by State Statutes Agreements Opposed to Public Policy Partially Illegal Agreements
11.Contracts That Must Be in Writing and E-Signatures The Status of Oral and Written Contracts Contracts Required to Be in Writing The Memorandum E-Signatures Parol Evidence Rule
12.Transfer of Contract Rights and Obligations Transfer of Rights and Obligations Formalities Required for Assignments Notice of Assignment Assignment by Law Rights of the Assignee Legal Effect of a General Assignment
13.The Termination of Contracts: Discharge How Contracts End Discharge by Performance Discharge by Agreement of the Parties Discharge by Operation of Law
14.The Termination of Contracts: Breach of Contract Breach of Contract Remedies for Breach of Contract Defenses for a Breach of Contract Suit Remedies for Fraud, Duress, and Undue Influence III. Purchase, Sale, and Lease of Goods Under the UCC
15.Formation of Sales and Lease Contracts The Legal Setting for a Sale of Goods The Scope of Article 2 Formation of the Sales Contract Unconscionability The Parol Evidence Rule Formation of the Lease Contract Formation of E-Sales Contracts
16.The Sales Contract: Transfer of Title and Risk of Loss Relevance of Title and Risk of Loss in Sales Law Present Sale Versus Contract to Sell Risk of Loss in Absence of a Breach Sales on Approval or Return Auction Sales Sale of Goods in Bulk COD Sales Sales or Leases by Nonowners Risk of Loss Where There Is a Breach of Contract
17.The Sales Contract: Performance, Breach, and Remedies for Breach Performance of the Sales Contract Breach of the Sales Contract Remedies for Breach Available to the Buyer Remedies for Breach Available to the Seller
18.Products Liability Law Products Liability Law: an Overview Products Liability: A Comprehensive Definition Shift in the Law Negligence Warranty Liability Strict Liability Misuse of Product by Injured Party or Subsequent Alteration Damages Recoverable in a Strict Liability Case IV. Negotiable Instruments
19.Nature and Types of Negotiable Instruments Importance of Negotiable Instruments Types of Negotiable Instruments Requirements for Negotiability Added Language and Omissions Not Affecting Negotiability
20.Issue, Transfer, and Discharge of Negotiable Instruments The Issue and Transfer of Negotiable Instruments Endorsements Discharge of Negotiable Instruments
21.Rights and Duties of Parties Liability of Parties to a Negotiable Instrument The Transition from Holder to Holder in Due Course Holder Through a Holder in Due Course: The Shelter Principle Defenses Against Holders of Negotiable Instruments The Federal Trade Commission HIDC Rule Accommodation Parties
22.Checks, the Banking System, and E-Money Checks The Bank-Customer Relationship Duty of a Bank to Honor Checks Obligations of a Depositor Special Types of Checks Bank's Liability for Wrongful Payment of a Check Availability of Funds from Deposited Checks The Collection Process Electronic Funds Transfer Online Banking E-Money V. Agency, Employment, and Labor Law
23.Employer-Employee Relationship The Employment Process Creation of the Employer-Employee Relationship Rights of Employers Rights of Employees Terminating the Employer-Employee Relationship Legislation Affecting Employer-Employee Relations Legislation Affecting Employees' Health and Privacy The Hiring of Aliens
24.Principal-Agent Relationship The Agency Concept Classification of Agents Who May Serve as Principal and Agent Relationships Similar to Agencies Creation of the Principal-Agent Relationship Obligations of the Agent to the Principal Obligations of the Principal to the Agent Termination of the Principal-Agent Relationship Notifying Third Parties of the Termination
25.Principal-Agent, Employer-Employee, and Third-Party Relationships Liability of Principal and Employer to Third Parties Liability of Agent and Employee to Third Parties Criminal Liability of Principal, Agent, Employer, and Employee VI. Business Organization and Regulation
26.Sole Proprietorships, Partnerships, and Limited Liability Organizations Forms of Business Ownership The Sole Proprietorship The Partnership Limited Partnership Limited Liability Company Limited Liability Partnership Other Forms of Business Organization
27.Corporations and Franchising Nature of a Corporation Forming a Corporation Ownership of a Corporation Rights of Stockholders Liabilities of Stockholders Financing a Corporation Managing a Corporation Terminating a Corporation Purchase of Assets and Stock Advantages and Disadvantages of Corporations Franchising
28.Government Regulation of Business The Need for Government Regulation The Authority of Government to Regulate Business Areas of Government Regulation How Government Regulations Are Enforced VII. Real and Personal Property, Bailments, and Wills and Estate Planning
29.Basic Legal Concepts of Property The Nature of Property Acquiring Real and Personal Property Acquiring Rights in Personal Property Forms of Property Ownership Interests an Owner May Have in Real Property Restrictions on the Use of Real Property
30.Renting Real Property The Landlord-Tenant Relationship Types of Tenancies Nature and Elements of a Lease How a Lease Is Terminated Obligations to Third Parties
31.Buying and Selling Real Property The Buying and Selling Process Transfer of Title
32.Nature and Types of Bailments What a Bailment Is Requirements for a Valid Bailment How a Bailment Is Created How a Bailment Ends Situations Similar to Bailments Classification of Bailments Mutual Benefit Bailments Gratuitous Bailments Constructive Bailments Limiting Liabilities: Disclaimers
33.Special Bailments The Nature of Special Bailments Exceptions to the Rule of Strict Liability Duties, Liabilities, and Rights of Hotelkeepers Duties, Liabilities, and Rights of Common Carriers
34.Wills, Intestacy, and Estate Planning The Purpose of a Will Requirements of a Valid Will Special Wills Limitations on Disposing of Property by Will Making a Will Changing or Revoking a Will Administering a Will Intestacy Living Wills and Health Care Proxies The Need for Estate Planning Taxes and Estate Planning Developing an Estate Plan VIII. Consumer and Creditor Protection
35.Protecting the Consumer and the Taxpayer The Need for Consumer Protection Regulation of Business Practices Product Standards Remedies for Violations of Consumer Protection Laws Rights of the Air Traveler Rights of the Taxpayer
36.Protecting the Borrower The Use of Credit Types of Credit The Right to Obtain Credit The Right to Know What Credit Costs The Right to Fair Credit Information The Right to Accurate Billing The Right to Fair Debt Collection The Right to Fair Leasing Information The Right to Legal Interest Charges The Right to be Relieved from Debt
37.Protecting the Creditor Protecting Creditors' Rights The Right to Be Paid Other Methods of Protecting Creditors' Rights Security Interests Created by Law IX. Insurance
38.Property, Casualty, and Automobile Insurance The Nature of Insurance Purchasing Insurance The Insurance Policy Property and Casualty Insurance Standard Clauses in Policies The Need for Automobile Insurance Types of Automobile Insurance Coverage Who Is Covered by Automobile Insurance No-Fault Insurance How Premiums Are Determined Cancellation of Automobile Insurance What to Do If You're Involved in an Accident
39.Personal Insurance The Need for Personal Insurance Life Insurance Health Insurance

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