Archives: Solution Manual
978-0134004006 Chapter 6 Case
1 Chapter 6 Product and Strict Liability VI. Answers to Critical Legal Thinking Cases 6.1 Defect in Design Yes, Doncasters, Inc. is strictly liable for the death of the deceased parties of the crash of the Twin Otter airplane because […]
978-0134004006 Chapter 54 Lecture Note
446 “International law, or the law that governs between nations, has at times, been like the common law within states, a twilight existence during which it is hardly distinguishable from morality or justice, till at length the imprimatur of a […]
978-0134004006 Chapter 54 Case
1 Chapter 54 International and World Trade Law VI. Answers to Critical Legal Thinking Cases 54.1 Foreign Sovereign Immunity Yes. Argentina is subject to the lawsuit in the United States. The commercial activity exception to the Foreign Sovereign Immunities Act […]
978-0134004006 Chapter 53 Lecture Note
439 “The happiest moments of my life have been the few which I have passed at home in the bosom of my family.” Thomas Jefferson I. Teacher to Teacher Dialogue An entire body of family law has arisen in the […]
978-0134004006 Chapter 53 Case
1 Chapter 53 Family Law VI. Answers to Critical Legal Thinking Cases 53.1 Marital Assets Mississippi follows the doctrine of equitable distribution. However, since this doctrine refers to a fair distribution and not necessarily an equal distribution, there was still […]
978-0134004006 Chapter 52 Lecture Note
430 “When you have told someone you have left him a legacy, the only decent thing to do is to die at once.” Samuel Butler I. Teacher to Teacher Dialogue This chapter covers the law of wills and trusts. You […]
978-0134004006 Chapter 52 Case
1 Chapter 52 Wills, Trusts, and Estates VI. Answers to Critical Legal Thinking Cases 52.1 Ademption Yes, the bequests to Anderson and Baker were specific bequests that were adeemed when the stock was sold. Therefore, Anderson and Baker are not […]
978-0134004006 Chapter 51 Lecture Note
420 “In our complex society the accountant’s certificate and the lawyer’s opinion can be instruments for inflicting pecuniary loss more potent than the chisel or the crowbar.” Justice Blackmun I. Teacher to Teacher Dialogue Much has been written about the […]
978-0134004006 Chapter 51 Case
1 Chapter 51 Accountants’ Duties and Liability VI. Answers to Critical Legal Thinking Cases 51.1 Accountant’s Liability to a Third Party No, George Korbakes & Company, LLP (GKCO), the auditor of Brandon Apparel Group, Inc. (Brandon), is not liable to […]
978-0134004006 Chapter 50 Lecture Note
412 “The underwriter knows nothing and the man who comes to him to ask him to insure knows everything.” L. J. Scrutton I. Teacher to Teacher Dialogue Insurance is not necessarily a sexy subject when presented in terms of contract […]
978-0134004006 Chapter 50 Case
1 Chapter 50 Insurance VI. Answers to Critical Legal Thinking Cases 50.1 Exclusion from Insurance Policy No, this accident is not covered by the homeowners’ policy issued by National America. Although most homeowners’ policies include personal liability insurance, which provides […]
978-0134004006 Chapter 5 Lecture Note
Chapter 5 “Negligence is not actionable unless it involves the invasion of a legally protected interest, the violation of a right. Proof of negligence in the air, so to speak, will not do.” C. J. Cardozo I. Teacher to Teacher […]
978-0134004006 Chapter 5 Case
1 Chapter 5 Intentional Torts and Negligence VI. Answers to Critical Legal Thinking Cases 5.1 Assumption of the Risk Yes, riding the mechanical bull was an open and obvious danger for which Lilya had voluntarily assumed the risk. The court […]
978-0134004006 Chapter 49 Lecture Note
404 “Good fences make good neighbors.” Robert Frost I. Teacher to Teacher Dialogue One sure way to engage student interest in a topic is to build on their personal experiences outside the classroom. The most difficult topic of negotiable instruments […]
978-0134004006 Chapter 49 Case
1 Chapter 49 Landlord-Tenant Law and Land Use Regulation VI. Answers to Critical Legal Thinking Cases 49.1 Americans with Disabilities Act Yes. Cinemark’s wheel-chair seating arrangement in its stadium-style theaters violates Standard 4.33.3 and Title III of the Americans with […]
978-0134004006 Chapter 48 Lecture Note
394 “Without that sense of security which property gives, the land would still be uncultivated.” Francois Quesnay I. Teacher to Teacher Dialogue This chapter tends to be an eye opener for the students in that, although they already have a […]
978-0134004006 Chapter 48 Case
1 Chapter 48 Real Property VI. Answers to Critical Legal Thinking Cases 48.1 Recording Statute No. Howard Savings Bank’s mortgage on the property was not properly recorded and indexed and therefore did not give notice of its existence to subsequent […]
978-0134004006 Chapter 47 Lecture Note
385 “Property and law are born and must die together.” Jeremy Bentham I. Teacher to Teacher Dialogue The laws of contracts, property, and torts all have not only significant roles in business, but also play vital roles in how one […]
978-0134004006 Chapter 47 Case
1 Chapter 47 Personal Property and Bailment VI. Answers to Critical Legal Thinking Cases 47.1 Mislaid Property The money was mislaid property. Mislaid property is property that is intentionally put into a certain place and later forgotten. Mislaid property is […]
978-0134004006 Chapter 46 Lecture Note Part 2
Antitrust Law and Unfair Trade Practices 379 prices, producing an actual injury to the plaintiff. If the plaintiff has not suffered an actual injury, they cannot recover. Indirect Price Discrimination – Indirect price discrimination provides better prices to favored customers […]
978-0134004006 Chapter 46 Lecture Note Part 1
372 “While competition cannot be created by statutory enactment, it can in large measure be revived by changing the laws and forbidding the practices that killed it, and by enacting laws that will give it heart and occasion again. We […]
978-0134004006 Chapter 46 Case
1 Chapter 46 Antitrust Law and Unfair Trade Practices VI. Answers to Critical Legal Thinking Cases 46.1 Division of Markets Yes, BRG of Georgia, Inc. (BRG) and Harcourt Brace Jovanovich (HBJ) are liable for violating Section 1 of the Sherman […]
978-0134004006 Chapter 45 Lecture Note
365 “All animals are equal but some animals are more equal than others.” George Orwell I. Teacher to Teacher Dialogue Some topics are easier to teach than others. When dealing with subjects like negotiable instruments, students appreciate the necessity of […]
978-0134004006 Chapter 45 Case
1 Chapter 45 Environmental Protection VI. Answers to Critical Legal Thinking Cases 45.1 Wetlands The Army Corps of Engineers (Army Corps) prevail pursuant to the Clean Water Act (CWA). The CWA provides that the Secretary of the Army may issue […]
978-0134004006 Chapter 44 Lecture Note
358 “I should regret to find that the law was powerless to enforce the most elementary principles of commercial morality.” Lord Herschell Reddaway v. Banham (1896) I. Teacher to Teacher Dialogue Consumer law issues include those of contracts (including UCC […]
978-0134004006 Chapter 44 Case
1 Chapter 44 Consumer Protection and Product Safety VI. Answers to Critical Legal Thinking Cases 44.1 Food Regulation Yes, Engel and Gel Spice violated the section of the Federal Food Drug and Cosmetic Act that concerns adulterated foods. The FDA […]
978-0134004006 Chapter 43 Lecture Note
351 “Good government is an empire of laws.” John Adams I. Teacher to Teacher Dialogue An acquaintance of mine spent nearly thirteen years working in the federal bureaucracy as a U.S. estate and gift tax attorney. During his tenure with […]
978-0134004006 Chapter 43 Case
1 Chapter 43 Administrative Law and Regulatory Agencies VI. Answers to Critical Legal Thinking Cases 43.1 Government Regulation Yes, the Federal Communications Commission’s (FCC) regulation and censoring of Pacifica Foundation (Pacifica) in this case was lawful and constitutional. The U.S. […]
978-0134004006 Chapter 42 Lecture Note
346 “Ethical considerations can no more be excluded from the administration of justice, which is the end and purpose of all civil laws, than one can exclude the vital air from his room and live.” John F. Dillon I. Teacher […]
978-0134004006 Chapter 42 Case
1 Chapter 42 Ethics and Social Responsibility of Business VI. Answers to Critical Legal Thinking Cases 42.1 False Advertising No. Papa John’s advertising slogan “Better Ingredients. Better Pizza” is not false advertising. One form of non-actionable statements of general opinion […]
978-0134004006 Chapter 41 Lecture Note Part 2
Chapter 41 340 436 F.3d 1140, 2006 U.S. App. Lexis 3008 (2006), United States Court of Appeals for the Ninth Circuit Facts: Upon receiving news that Nvidea had been awarded the contract to develop a video game console for Microsoft […]
978-0134004006 Chapter 41 Lecture Note Part 1
334 “When there is blood on the street, I am buying.” Nathaniel Mayer Victor Rothschild I. Teacher to Teacher Dialogue One of the most unfortunate aspects of our overly litigious society is the notion that the government must somehow “cover” […]
978-0134004006 Chapter 41 Case
1 Chapter 41 Investor Protection and E-Securities Transactions VI. Answers to Critical Legal Thinking Cases 41.1 Definition of a Security The notes issued by the Co-Op are “securities.” In order for the defendant, Ernst & Young, to be subject to […]
978-0134004006 Chapter 40 Lecture Note
325 “It has been uniformly laid down in this Court, as far back as we can remember, that good faith is the basis of all mercantile transactions.” Buller, Judge I. Teacher to Teacher Dialogue Franchises are a way of doing […]
978-0134004006 Chapter 40 Case
1 Chapter 40 Franchise and Special Forms of Business VI. Answers to Critical Legal Thinking Cases 40.1 Agency No, Re/Max International, Inc. (Re/Max) is not liable for the automobile accident caused by Nascimento that injured plaintiff Ana Maria de Oliveira […]
978-0134004006 Chapter 4 Lecture Note Part 2
Constitutional Law for Business and E-Commerce 35 The Equal Protection Clause prohibits state, local, and federal governments from treating persons that are similarly situated differently, including corporations. There are three different standards that have been established by the U.S. Supreme […]
978-0134004006 Chapter 4 Lecture Note Part 1
Constitutional Law for Business and E-Commerce 29 “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings […]
978-0134004006 Chapter 4 Case
1 Chapter 4 Constitutional Law for Business and E-Commerce VI. Answers to Critical Legal Thinking Cases 4.1 Supremacy Clause Yes. The U.S. Supreme Court held that the Massachusetts’ anti-Myanmar law conflicted with federal law and was therefore preempted by the […]
978-0134004006 Chapter 39 Lecture Note
317 “Justice is the end of government. It is the end of civil society. It ever has been, and ever will be pursued, until it be obtained, or until liberty be lost in the pursuit.” James Madison I. Teacher to […]
978-0134004006 Chapter 39 Case
1 Chapter 39 Limited Liability Companies and Limited Liability Partnerships VI. Answers to Critical Legal Thinking Cases 39.1 Limited Liability Yes. The plaintiffs who sued Bone are required to pay the legal fees he incurred while fighting the plaintiffs’ lawsuit. […]
978-0134004006 Chapter 38 Lecture Note
308 Copyright ©2016 Pearson Education, Inc. “To supervise wisely the great corporations is well; but to look backwards to the days when business was polite pillage and regard our great business concerns as piratical institutions carrying letters of marque and […]
978-0134004006 Chapter 38 Case
1 Chapter 38 Corporate Acquisitions and Multinational Corporations VI. Answers to Critical Legal Thinking Cases 38.1 Shareholder Resolution Yes, the Medical Committee’s proposed shareholder resolution could be stated in terms to meet the requirements of Section 14(a) to be included […]
978-0134004006 Chapter 37 Lecture Note Part 2
Corporate Governance and Sarbanes-Oxley Act 303 The Business Judgment Rule – The business judgment rule states that officers and directors are not liable for honest mistakes of judgment. Fiduciary Duty: Duty of Loyalty The directors and officers must subordinate their […]
978-0134004006 Chapter 37 Lecture Note Part 1
297 “Corporation: An ingenious device for obtaining individual profit without individual responsibility.” Ambrose Bierce I. Teacher to Teacher Dialogue This chapter lends itself to the old “black letter” law approach because of the sheer volume of rules, definitions, and procedures […]
978-0134004006 Chapter 37 Case
1 Chapter 37 Corporate Governance and Sarbanes-Oxley-Act VI. Answers to Critical Legal Thinking Cases 37.1 Proxy No, Smith and Gibbons cannot reverse their proxy agreement with Zollar. A normal proxy, unless otherwise stated, is valid for 11 months. A proxy […]
978-0134004006 Chapter 36 Lecture Note Part 2
Corporate Formation and Financing 291 Implied Powers – Implied powers allow a corporation to exceed its express powers in order to accomplish its corporate purpose. Ultra Vires Act – An act by a corporation that is beyond its express or […]
978-0134004006 Chapter 36 Lecture Note Part 1
285 “A corporation is an artificial being, invisible, intangible, and existing only in the contemplation of law. Being the mere creature of the law, it possesses only those properties which the charter of its creation confers upon it, either expressly […]
978-0134004006 Chapter 36 Case
1 Chapter 36 Corporate Formation and Financing VI. Answers to Critical Legal Thinking Cases 36.1 Legal Entity Yes, Deister Corporation can be sued. Corporations are the most dominant form of business organization today. When a corporation is properly incorporated pursuant […]
978-0134004006 Chapter 35 Lecture Note
279 “There are a great many of us who will adhere to that ancient principle that we preferred to be governed by the power of laws, and not by the power of men.” Woodrow Wilson I. Teacher to Teacher Dialogue […]
978-0134004006 Chapter 35 Case
1 Chapter 35 Limited Partnerships and Special Partnerships VI. Answers to Critical Legal Thinking Cases 35.1 Liability of Limited Partners No, the limited partners are not individually liable to Day. A limited partnership is a domestic limited partnership in the […]