Archives: Solution Manual

CHAPTER 33: LIABILITY TO THIRD PARTIES AND TERMINATION 551 Dr. Joyant’s name. The college and the doctor had a relationship where, in exchange for the doctor paying no rent or janitorial costs, he would teach at the college and do […]

531 Chapter 33 Liability to Third Parties and Termination Case 33.1 C.A.3 (Pa.),2010. Azur v. Chase Bank, USA, Nat. Ass’n 601 F.3d 212 United States Court of Appeals, Third Circuit. Francis H. AZUR, Appellant v. CHASE BANK, USA, NATIONAL ASSOCIATION […]

285 CHAPTER 33 AGENCY LIABILITY AND TERMINATION ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 33.1—QUESTIONS (PAGE 642) THE ETHICAL DIMENSION The TILA is essentially a consumer-protection law. How does allowing a credit card company to avoid liability—if […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 33 AGENCY LIABILITY AND TERMINATION 33-1A. Respondeat superior (Chapter […]

812 INSTRUCTOR’S MANUAL TO ACCOMPANY BUSINESS LAW, TWELFTH EDITION © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ADDITIONAL BACKGROUND— Scope of Employment […]

801 Chapter 33 Agency Liability and Termination  See Separate Lecture Outline System INTRODUCTION Once a principal–agent relationship has been created, attention often focuses on the rights of third persons who deal with an agent. This chapter discusses the rights […]

519 Chapter 32 Agency Formation and Duties Case 32.1 Ga.App.,2009. Lopez v. El Palmar Taxi, Inc. 297 Ga.App. 121, 676 S.E.2d 460, 09 FCDR 1252 Court of Appeals of Georgia. LOPEZ et al. v. EL PALMAR TAXI, INC. No. A08A1624. […]

277 CHAPTER 32 AGENCY FORMATION AND DUTIES ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 32.1—QUESTION (PAGE 627) WHAT IF THE FACTS WERE DIFFERENT? Suppose that El Palmar had limited its driver to a set schedule in a […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 32 AGENCY FORMATION AND DUTIES 32-1A. Agent’s duties to […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 1. Performance The degree of skill or care required of an agent is that […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 32 Agency Formation and Duties  See Separate Lecture Outline System INTRODUCTION Up […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2. Housing and Urban Development Assistance An interest-free loan may be obtained from the […]

747 Chapter 31 Mortgages and Foreclosures after the Recession  See Separate Lecture Outline System INTRODUCTION Mortgage rates are at historic lows. Homes are affordable for many people who could not have afforded them before the Great Recession. But the […]

Chapter 31 Mortgages and Foreclosures after the Recession Case 31.1 La.App. 5 Cir.,2010. Bank of New York v. Parnell 32 So.3d 877, 09-439 (La.App. 5 Cir. 1/26/10) Court of Appeal of Louisiana, Fifth Circuit. The BANK OF NEW YORK, acting […]

269 CHAPTER 31 MORTGAGES AND FORECLOSURES AFTER THE RECESSION ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 31.1—QUESTIONS (PAGE 611) THE LEGAL ENVIRONMENT DIMENSION The Truth-in-Lending Act, HOEPA, and other consumer protection laws exist to protect purchasers from […]

CHAPTER 30: BANKRUPTCY LAW 733 A committee of unsecured creditors is appointed to consult with the debtor (or the trustee) about administration of the case or formulation of the plan. Additional committees may be appointed to represent special-interest creditors. In […]

717 Chapter 30 Bankruptcy Law  See Separate Lecture Outline System INTRODUCTION Bankruptcy law is designed to accomplish two main goals: to provide relief and protection to debtors who have “gotten in over their heads” and to provide a fair […]

CHAPTER 30: BANKRUPTCY LAW 495 Espinosa appealed to the Court of Appeals for the Ninth Circuit, which issued an initial per curiam opinion remanding the case to the Bankruptcy Court to consider correcting an apparent clerical error in its discharge […]

482 Chapter 30 Bankruptcy Law Case 30.1 C.A.7 (Wis.),2009. In re Kuehn 563 F.3d 289, Bankr. L. Rep. P 81,465 United States Court of Appeals, Seventh Circuit. In the Matter of Stefanie Kim KUEHN, Debtor-Appellee. Appeal of Cardinal Stritch University, […]

259 CHAPTER 30 BANKRUPTCY LAW ANSWER TO CRITICAL ANALYSIS QUESTION IN THE FEATURE INSIGHT INTO ETHICS—CRITICAL THINKING—INSIGHT INTO THE ECONOMIC ENVIRONMENT (PAGE 594) About six years ago, one could buy debt that had been discharged in bankruptcy for less than […]

B-128 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 30 BANKRUPTCY LAW 30-1A. Chapter 7 liquidations (Chapter 30—Pages 583–584) The court dismissed Busbin’s petition. The court concluded that the primary purpose for the “substantial abuse” provision of Chapter 7 was to provide for […]

CHAPTER 29: SECURED TRANSACTIONS 705 Which of the two methods for proving that a sale was commercially reasonable is likely more difficult to apply? Showing conformity with the practices of “reputable dealers in the trade” conclusively establishes that a sale […]

691 Chapter 29 Secured Transactions  See Separate Lecture Outline System INTRODUCTION To study this chapter, students should understand two major concepts. First, they should understand why secured transactions are necessary in business. Nearly every time a retailer makes a […]

Chapter 29 Secured Transactions Case 29.1 Ky.App.,2010. Citizens Nat. Bank of Jessamine County v. Washington Mut. Bank — S.W.3d —-, 2010 WL 1404391 (Ky.App.) Court of Appeals of Kentucky. CITIZENS NATIONAL BANK OF JESSAMINE COUNTY, n/k/a Citizens Bank of Jessamine […]

249 CHAPTER 29 SECURED TRANSACTIONS ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 29.1—QUESTIONS (PAGE 568) 1A. According to the court, which of the two security interests in the land on which the manufactured home was situated had […]

B-124 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 29 SECURED TRANSACTIONS 29-1A. Financing statement (Chapter 29—Pages 559–562) The bankruptcy court resolved the issue in AAL’s favor, and EAI of NC and SouthTrust appealed to a federal district court, which affirmed the decision […]

673 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 28 Creditors’ Rights and Remedies  See Separate Lecture Outline System INTRODUCTION […]

Chapter 28 Creditors’ Rights and Remedies Case 28.1 867 N.E.2d 260 Court of Appeals of Indiana. INDIANA SURGICAL SPECIALISTS, Appellant-Plaintiff, v. Helen GRIFFIN and MDS Courier Service, Inc., Appellee-Garnishee-Defendant. 463 No. 02A03-0608-CV-370. May 31, 2007. MAY, Judge. Indiana Surgical Services […]

243 CHAPTER 28 CREDITORS’ RIGHTS AND REMEDIES ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 28.1—QUESTIONS (PAGE 549) THE ETHICAL DIMENSION Should some people be exempt from garnishment orders? Explain why or why not. There are persons whom […]

B-120 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 28 CREDITORS’ RIGHTS AND REMEDIES 28-1A. Rights of the guarantor (Chapter 28—Page 553) The trial court ruled in favor of the defendants on the ground, in part, that the changes Bear Park and the […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. (6) the term “electronic fund transfer” means any transfer of funds, other than a […]

633 Chapter 27 Checks and Banking in the Digital Age  See Separate Lecture Outline System INTRODUCTION Article 3 and Article 4 of the Uniform Commercial Code (UCC) govern checks. The extent to which any party is either charged with […]

CHAPTER 27: CHECKS AND BANKING IN THE DIGITAL AGE 455 Case 27.3 Md.,2010. Schultz v. Bank of America, N.A. 413 Md. 15, 990 A.2d 1078 Court of Appeals of Maryland. Stephen W. SCHULTZ, Personal Representative of the Estate of Melvin […]

443 Chapter 27 Checks and Banking in the Digital Age Case 27.1 MidAmerica Bank, FSB v. Charter One Bank, FSB — N.E.2d —-, 2009 WL 711337 (Ill.) NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW […]

231 CHAPTER 27 CHECKS AND BANKING IN THE DIGITAL AGE ANSWER TO CRITICAL ANALYSIS QUESTION IN THE FEATURE INSIGHT INTO ETHICS—CRITICAL THINKING—INSIGHT INTO THE SOCIAL ENVIRONMENT (PAGE 532) Why would banks say that they, too, are worse off because of […]

B-115 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 27 CHECKS AND BANKING IN THE DIGITAL AGE 27-1A. Unauthorized fund transfers (Chapter 27—Pages 536–537) The court held that the customers’ failure to notify the bank of the unauthorized electronic transfer of $20, using […]

617 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 26 Liability, Defenses, and Discharge  See Separate Lecture Outline System INTRODUCTION […]

435 Chapter 26 Liability, Defenses, and Discharge Case 26.1 La.App. 4 Cir.,2010. Jeanmarie v. Peoples — So.3d —-, 2010 WL 987018 (La.App. 4 Cir.), 2009-1059 (La.App. 4 Cir. 3/16/10) Court of Appeal of Louisiana, Fourth Circuit. Anthony JEANMARIE, et al. […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 26 LIABILITY, DEFENSES, AND DISCHARGE ANSWERS TO QUESTIONS AT THE ENDS OF THE […]

B-110 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 26 LIABILITY, DEFENSES, AND DISCHARGE 26-1A. Discharge (Chapter 26—Pages 513–514) The jury returned a verdict for Mary Ann, and the court issued a judgment that, in part, discharged the note. The Gardners appealed, arguing […]

CHAPTER 25: TRANSFERABILITY AND HOLDER IN DUE COURSE 609 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. A time instrument is overdue […]

597 Chapter 25 Transferability and Holder in Due Course  See Separate Lecture Outline System INTRODUCTION This chapter begins with the process of negotiation—that is, the transfer of negotiable instruments from one person to another. The chapter discusses the types […]

Chapter 25 Transferability and Holder in Due Course Case 25.1 E.D.Va.,2010. Hammett v. Deutsche Bank Nat. Co. Slip Copy, 2010 WL 1225849 (E.D.Va.) United States District Court, E.D. Virginia, 420 Alexandria Division. Vernon HAMMETT, el al., Plaintiffs. v. DEUTSCHE BANK […]

215 CHAPTER 25 TRANSFERABILITY AND HOLDER IN DUE COURSE ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 25.1—QUESTIONS (PAGE 482) 1A. How do the requirements for negotiation of an instrument with a blank qualified indorsement differ from those […]

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ALTERNATE CASE PROBLEM ANSWERS CHAPTER 25 TRANSFERABILITY AND HOLDER IN DUE COURSE 25-1A. Requirements […]

581 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 24 The Function and Creation of Negotiable Instruments  See Separate Lecture […]

412 Chapter 24 The Function and Creation of Negotiable Instruments Case 24.1 C.A.7 (Ill.),2010. Reger Development, LLC v. National City Bank 592 F.3d 759 United States Court of Appeals, I. Background This is a diversity case governed by Illinois law. […]

207 CHAPTER 24 THE FUNCTION AND CREATION OF NEGOTIABLE INSTRUMENTS ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 24.1—QUESTIONS (PAGE 470) 1A. In its opinion, the court pointed out that “the duty to act in good faith does […]

B-102 ALTERNATE CASE PROBLEM ANSWERS CHAPTER 24 THE FUNCTION AND CREATION OF NEGOTIABLE INSTRUMENTS 24-1A. Bearer instruments (Chapter 24—Pages 473–474) The court held that lottery tickets were not governed by the UCC but by the state lottery statute, which applied […]

564 INSTRUCTOR’S MANUAL TO ACCOMPANY BUSINESS LAW, TWELFTH EDITION posed problems for some businesspersons because certain legal terms or phrases in documents governed by, say, U.S. or English law have no equivalents in the French legal system. FOR CRITICAL ANALYSIS […]