Archives: Solution Manual
978-0134004006 Chapter 34 Lecture Note
270 “One of the most fruitful sources of ruin to men of the world is the reckless or want of principle of partners, and it is one of the perils to which every man exposes himself who enters into partnership […]
978-0134004006 Chapter 34 Case
1 Chapter 34 Small Business, Entrepreneurship, and General Partnerships VI. Answers to Critical Legal Thinking Cases 34.1 Sole Proprietorship No. Jerry Schuster is not liable for the warranty made by his father. James Schuster, the father, was a sole proprietor […]
978-0134004006 Chapter 33 Lecture Note
260 “What people have always sought is equality of rights before the law. For rights that were not open to all equally would not be rights.” Cicero I. Teacher to Teacher Dialogue Discrimination and equal opportunity are hard materials to […]
978-0134004006 Chapter 33 Case
1 Chapter 33 Equal Opportunity in Employment VI. Answers to Critical Legal Thinking Cases 33.1 Sexual Harassment Yes, an employer can be held liable when the sexual harassment conduct of its employees is so severe that the victim of the […]
978-0134004006 Chapter 32 Lecture Note
251 “Strong responsible unions are essential to industrial fair play. Without them the labor bargain is wholly one-sided.” Louis D. Brandeis I. Teacher to Teacher Dialogue Depending on where your school is located, student sentiment is usually decidedly pro-union or […]
978-0134004006 Chapter 32 Case
1 Chapter 32 Labor Law VI. Answers to Critical Legal Thinking Cases 32.1 Unfair Labor Practice Yes, the president of the Sinclair Company violated federal labor law by unlawfully interfering with the union election. The Supreme Court held that although […]
978-0134004006 Chapter 31 Lecture Note
243 “It is difficult to imagine any grounds, other than our own personal economic predilections, for saying that the contract of employment is any the less an appropriate subject of legislation than are scores of others, in dealing with which […]
978-0134004006 Chapter 31 Case
1 Chapter 31 Employment, Worker Protection, and Immigration Law VI. Answers to Critical Legal Thinking Cases 31.1 Workers’ Compensation Yes. Medrano’s actions at the time of the automobile accident were within the course and scope of his employment, thus entitling […]
978-0134004006 Chapter 30 Lecture Note
236 “The law, wherein, as in a magic mirror, we see reflected not only our lives, but the lives of all men that have been! When I think on this majestic theme, my eyes dazzle.” Oliver Wendell Holmes Jr. I. […]
978-0134004006 Chapter 30 Case
1 Chapter 30 Liability of Principals, Agents, and Independent Contractors VI. Answers to Critical Legal Thinking Cases 30.1 Frolic and Detour No. The court held that Spires was not acting within the scope of his employment at the time of […]
978-0134004006 Chapter 3 Lecture Note Part 2
Chapter 3 24 Mediation – Mediation calls for a neutral third party to act as a mediator, but not decision maker. His job is to encourage settlement between the parties. If the two sides choose an interested third party to […]
978-0134004006 Chapter 3 Lecture Note Part 1
Chapter 3 18 “We’re the jury. Dread our fury!” William S. Gilbert I. Teacher to Teacher Dialogue Only a small percentage of cases make it to trial. The reality is that most cases settle at some point in the process. […]
978-0134004006 Chapter 3 Case
1 Chapter 3 Judicial, Alternative, and E-Dispute Resolution VI. Answers to Critical Legal Thinking Cases 3.1 Summary Judgment No, the defendants’ motions for summary judgment should not be granted. The U.S. district court found that substantial issues of fact needed […]
978-0134004006 Chapter 29 Lecture Note
229 “Let every eye negotiate for itself, and trust no agent.” William Shakespeare I. Teacher to Teacher Dialogue Agency law is very important in a basic undergraduate law course in that it represents a synergy of two otherwise distinctive bodies […]
978-0134004006 Chapter 29 Case
1 Chapter 29 Agency Formation and Termination VI. Answers to Critical Legal Thinking Cases 29.1 Scope of Employment No. The court held that James Goldick, an employee of Lapp Roofing and Sheet Metal Company, Inc., was not acting within the […]
978-0134004006 Chapter 28 Lecture Note Part 2
Chapter 28 224 Debtor-in-Possession – The debtor-in–possession is empowered to operate the debtor’s business during the bankruptcy proceeding. This power includes authority to enter into contracts, purchase supplies, incur debts, and so on. Creditors’ Committees – After an order for […]
978-0134004006 Chapter 28 Lecture Note Part 1
218 “A trifling debt makes a man your debtor; a large one makes him your enemy.” Seneca I. Teacher to Teacher Dialogue The bankruptcy material presents an excellent opportunity to illustrate how law works as the end product of social […]
978-0134004006 Chapter 28 Case
1 Chapter 28 Bankruptcy and Reorganization VI. Answers to Critical Legal Thinking Cases 28.1 Bankruptcy Estate No, the debtor’s jewelry does not qualify as necessary and proper wearing apparel and is therefore not exempt property from the bankruptcy estate. Mrs. […]
978-0134004006 Chapter 27 Lecture Note
210 “Debtors are liars.” George Herbert I. Teacher to Teacher Dialogue The study of secured transactions allows teachers to focus on two sides of the same coin. One involves the rights, duties, and obligations of the debtor and creditor. The […]
978-0134004006 Chapter 27 Case
1 Chapter 27 Secured Transactions VI. Answers to Critical Legal Thinking Cases 27.1 Financing Statement No. The bankruptcy court held that creditor PSC Metals, Inc.’s filing of the financing statement under the debtor’s trade name “Keystone Steel & Wire Co.” […]
978-0134004006 Chapter 26 Lecture Note
201 “Creditors have better memories than debtors.” Benjamin Franklin I. Teacher to Teacher Dialogue One of the difficulties in teaching these materials is trying to steer students clear of a certain statutory myopia. They read these materials and often come […]
978-0134004006 Chapter 26 Case
1 Chapter 26 Credit, Real Property Financing, and Debtor’s Rights VI. Answers to Critical Legal Thinking Cases 26.1 Lien Graco Fishing and Rental Tools, Inc. (Graco), the materialman, wins. The court held that Graco had properly perfected its materialman’s lien […]
978-0134004006 Chapter 25 Lecture Note
192 “Bankers have no right to establish a customary law among themselves, at the expense of other men.” Justice Foster I. Teacher to Teacher Dialogue This chapter concentrates on the body of UCC rules and the banking system within which […]
978-0134004006 Chapter 25 Case
1 Chapter 25 Banking System and Electronic Financial Transactions VI. Answers to Critical Legal Thinking Cases 25.1 Cashier’s Check Wood wins, because Wood’s stop–payment order should not have been effective. A cashier’s check, which is drawn on the issuing bank […]
978-0134004006 Chapter 24 Lecture Note
184 “If one wants to know the real value of money, he needs but to borrow some from his friends.” Confucius I. Teacher to Teacher Dialogue The objective of this chapter is to review the liability, defense, and discharge aspects […]
978-0134004006 Chapter 24 Case
1 Chapter 24 Liability, Defenses, and Discharge VI. Answers to Critical Legal Thinking Cases 24.1 Transfer Warranty No, the Pontiac State Bank is not liable to Matco for breach of a transfer warranty. A party who transfers an instrument and […]
978-0134004006 Chapter 23 Lecture Note
178 “A negotiable bill or note is a courier without luggage.” Chief Justice Gibson I. Teacher to Teacher Dialogue Because negotiable instruments are meant to be a substitute for money, a comparison to money is useful. If someone hands the […]
978-0134004006 Chapter 23 Case
1 Chapter 23 Holder in Due Course and Transferability VI. Answers to Critical Legal Thinking Cases 23.1 Payable Jointly No, Johnson’s signature alone was not sufficient to negotiate the check to Midland. An instrument can be payable to two or […]
978-0134004006 Chapter 22 Lecture Note
170 “The great object of the law is to encourage commerce.” Judge Chambre I. Teacher to Teacher Dialogue Many first-time students of law find this group of materials on negotiable instruments to be the most difficult part of the course. […]
978-0134004006 Chapter 22 Case
1 Chapter 22 Creation of Negotiable Instruments VI. Answers to Critical Legal Thinking Cases 22.1 Negotiable Instrument Yes, the note executed by Dr. Bailey was a negotiable instrument. To be a negotiable instrument, a writing must contain either an unconditional […]
978-0134004006 Chapter 21 Lecture Note
165 “When a manufacturer engages in advertising in order to bring his goods and their quality to the attention of the public and thus to create consumer demand, the representations made constitute an express warranty running directly to a buyer […]
978-0134004006 Chapter 21 Case
1 Chapter 21 Warranties VI. Answers to Critical Legal Thinking Cases 21.1 Express Warranty Yes. An express warranty was made by Ashe regarding the quality of the diamonds in the bracelet. The Supreme Court of Virginia held that the term […]
978-0134004006 Chapter 20 Lecture Note
157 “Trade and commerce, if they were not made of Indian rubber, would never manage to bounce over the obstacles which legislators are continually putting in their way.” Henry D. Thoreau I. Teacher to Teacher Dialogue The UCC allows the […]
978-0134004006 Chapter 20 Case
1 Chapter 20 Remedies for Breach of Sales and Lease Contracts VI. Answers to Critical Legal Thinking Cases 20.1 Nonconforming Goods Hartz wins the lawsuit based upon the buyer’s right to reject nonconforming goods. Sales transactions are subject to the […]
978-0134004006 Chapter 2 Lecture Note
9 “I was never ruined but twice: once when I lost a lawsuit, and once when I won one.” Voltaire I. Teacher to Teacher Dialogue Twenty-first century technological advances have provided our students with all kinds of instant access to […]
978-0134004006 Chapter 2 Case
1 Chapter 2 Courts and Jurisdiction VI. Answers to Critical Legal Thinking Cases 2.1 Personal Jurisdiction No, defendants Live Siri Art, Inc. and Siri Galliano are not subject to lawsuit in New York pursuant to New York’s long–arm statute. This […]
978-0134004006 Chapter 19 Lecture Note
151 “A lawyer without history or literature is a mechanic, a mere working mason; if he possesses some knowledge of these, he may venture to call himself an architect.” Sir Walter Scott I. Teacher to Teacher Dialogue The rules of […]
978-0134004006 Chapter 19 Case
1 Chapter 19 Title to Goods and Risk of Loss VI. Answers to Critical Legal Thinking Cases 19.1 Conditional Sale Prewitt wins. Prewitt is not responsible for the loss of the coins in the mail. The delivery of coins by […]
978-0134004006 Chapter 18 Lecture Note
143 “Commercial law lies within a narrow compass, and is far purer and freer from defects than any other part of the system.” Henry Peter Brougham I. Teacher to Teacher Dialogue Students often meet the introduction of materials on the […]
978-0134004006 Chapter 18 Case
1 Chapter 18 Formation of Sales and Lease Contracts VI. Answers to Critical Legal Thinking Cases 18.1 Good or Service No, Article 2 does not apply to this transaction. Article 2 applies solely to transactions in goods. Sometimes a sale […]
978-0134004006 Chapter 17 Lecture Note
135 “Through the use of chat rooms, any person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox. Through the use of Web pages, mail exploders, and newsgroups, […]
978-0134004006 Chapter 17 Case
1 Chapter 17 Digital Law and E-Commerce VI. Answers to Critical Legal Thinking Cases 17.1 Cybersquatting Ernest & Julio Gallo Winery (Gallo) wins. Gallo registered the trademark “Ernest & Julio Gallo” in 1964 with the United States Patent and Trademark […]
978-0134004006 Chapter 16 Lecture Note
126 “Contracts must not be sports of an idle hour, mere matters of pleasantry and badinage, never intended by the parties to have any serious effect whatsoever.” Lord Stowell I. Teacher to Teacher Dialogue We are expected to live up […]
978-0134004006 Chapter 16 Case
1 Chapter 16 Breach of Contract and Remedies VI. Answers to Critical Legal Thinking Cases 16.1 Liquidated Damages Yes, the liquidated damage clause is enforceable and 845 UN Limited Partnership (845 UN) may keep the $8 million down payments paid […]
978-0134004006 Chapter 15 Lecture Note
117 “An honest man’s word is as good as his bond.” Don Quixote I. Teacher to Teacher Dialogue The materials relating to contract third parties present an interesting challenge to the teacher. While it is relatively easy to talk about […]
978-0134004006 Chapter 15 Case
1 Chapter 15 Third-Party Rights and Discharge VI. Answers to Critical Legal Thinking Cases 15.1 Intended or Incidental Beneficiary Ramos/Carson/DePaul (RCD) was an incidental beneficiary of the Phillies-DH agreement. RCD was not an intended beneficiary of the Philadelphia Phillies Agreement […]
978-0134004006 Chapter 14 Lecture Note
110 “A verbal contract isn’t worth the paper it’s written on.” Samuel Goldwyn I. Teacher to Teacher Dialogue As a practical matter, most contracts of any importance should be in writing. Most students already intuitively know this. The more important […]
978-0134004006 Chapter 14 Case
1 Chapter 14 Statute of Frauds and Equitable Exceptions VI. Answers to Critical Legal Thinking Cases 14.1 Statute of Frauds No, Hoffman and Frey do not win. Pursuant to the Statute of Frauds, an agreement for the sale of real […]
978-0134004006 Chapter 13 Lecture Note
104 “Freedom of contract begins where equality of bargaining power begins.” Oliver Wendell Holmes, Jr. I. Teacher to Teacher Dialogue This chapter provides a ripe opportunity to go into all sorts of illustrations of “abuse by contract.” The first set […]
978-0134004006 Chapter 13 Case
1 Chapter 13 Genuineness of Assent and Undue Influence VI. Answers to Critical Legal Thinking Cases 13.1 Unilateral Mistake Yes, Schultz can rescind the contract. A unilateral mistake occurs when only one party to a contract is mistaken about a […]