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978-1305575080 Chapter 11 Solution Manual
Chapter 11 NATURE AND CLASSES OF CONTRACTS: CONTRACTING ON THE INTERNET RESTATEMENT A contract is a set of promises for the breach of which the law gives a remedy. A contract is formed when there is a binding set of […]
978-1305575080 Chapter 10 Solution Manual
Chapter 10 THE LEGAL ENVIRONMENT OF INTERNATIONAL TRADE RESTATEMENT International business transactions provide businesses with peculiar challenges in determining their rights. Primary issues in a relationship are which laws will apply and where any disputes between the parties will be […]
978-1305575080 Chapter 1 Solution Manual
Chapter 1 THE NATURE AND SOURCES OF LAW RESTATEMENT This chapter provides the students with a look at the nature, origin and importance of individual rights and how those rights are protected by laws and judicial process. The chapter provides […]
978-1285428222 Chapter 9 Lecture Note Part 2
Questions: 1. Did plaintiff’s case fail due to a technicality of registering with the Copyright Office? Essentially yes. Having documents that indicated that the companies had recorded the songs was 2. How do radio stations pay the copyright holders given […]
978-1285428222 Chapter 9 Lecture Note Part 1
CHAPTER 9 INTELLECTUAL PROPERTY Property has traditionally focused on real property—physical things that can be seen and touched —but increasingly intellectual property, which is often intangible, is the most important asset of many firms and of most persons. In the […]
978-1285428222 Chapter 8 Lecture Note Part 3
Add. Disc.: Public nuisances are generally determined by statute and local ordinance, such as noise ordinances. Public attorney, such as AG or county attorney, brings action for public nuisance based on statute or common law, to protect rights held in […]
978-1285428222 Chapter 8 Lecture Note Part 2
Decision: Reversed. The original tenant on the lease was liable to the landlord for attorney fees and costs incurred in evicting the subtenants. The lease clearly stated that the lessee would Add. Case: Johnson v. Marcel (Sup. Ct., Va., 1996)–Johnson […]
978-1285428222 Chapter 8 Lecture Note Part 1
CHAPTER 8 REAL AND PERSONAL PROPERTY REAL PROPERTY—Real property is land, things under land such as oil and minerals, and things attached to land, such as buildings and natural vegetation. Personal property consists of tangible items that can be moved, […]
978-1285428222 Chapter 7 Lecture Note Part 3
Add. Case: Santiago v. Sherwin-Williams (1st Cir., 1993)–Santiago sued several paint makers, claiming their production of lead pigment for use in lead paint caused her injury from exposure as a child. She was born in 1972 and raised in a […]
978-1285428222 Chapter 7 Lecture Note Part 2
Strict Liability Based on Express Warranty. Liability based on representations made by a producer about its product; such express statements are a part of the contract. In Baxter v. Ford Motor, Baxter’s new 1930 Model A Ford was advertised as […]
978-1285428222 Chapter 7 Lecture Note Part 1
CHAPTER 7 BUSINESS TORTS AND PRODUCT LIABILITY TORT LAW AND BUSINESS—While businesses can be involved in all forms of torts, there are some that are peculiar to business, usually involving business practices that have crossed the bounds of acceptable behavior. […]
978-1285428222 Chapter 6 Lecture Note Part 3
Issue Spotter: Say Good Things About a Good Employee? If company policy is no letters (other than to verify periods of employment), then do not violate company policy by writing a letter even if favorable. If company policy is unclear, […]
978-1285428222 Chapter 6 Lecture Note Part 2
2. Would you suppose Fuerschbach continued to work for Southwest? One would presume she had the good sense to resign when she sued everyone in the place, Add. Case: Nelson v. Carroll (Ct. App., MD, 1999)–Carroll went to a bar […]
978-1285428222 Chapter 6 Lecture Note Part 1
CHAPTER 6 ELEMENTS OF TORTS Torts are one part of the common law that affect business. Tort law changes more than other parts of the common law; increased tort liability over time as values and ideas about liability evolve. This […]
978-1285428222 Chapter 5 Lecture Note Part 2
workplace that can be monitored by managers, even when managers are away, are used increasingly. Computer programs can signal when unusual transactions occur or if the level of activity at a cash register is usually high or low, which can […]
978-1285428222 Chapter 5 Lecture Note Part 1
CHAPTER 5 CRIMINAL LAW AND BUSINESS CRIME—May be a positive or negative act that violates a penal law—an offense against a state or the federal government. A breach of duties one owes to the community as defined by the legislature. […]
978-1285428222 Chapter 4 Lecture Note Part 3
OTHER KEY PARTS OF THE BILL OF RIGHTS—Of all the other amendments to the Constitution, only a few come up with any degree of regularity in cases concerning business. None were written thinking of business; these are simply applications that […]
978-1285428222 Chapter 4 Lecture Note Part 2
Add. Info—Taxes: The S. Ct. looks for consistency in taxes to insure that the states are not trying to engage in some discriminatory scheme. In U.S. v. California the Court upheld a state tax on materials passed on to the […]
978-1285428222 Chapter 4 Lecture Note Part 1
CHAPTER 4 THE CONSTITUTION: FOCUS ON APPLICATION TO BUSINESS The Constitution was drafted in 1787 and became effective upon ratification by 9 of the 13 states in 1789. Its seven articles provide the framework for the structure of the federal […]
978-1285428222 Chapter 3 Lecture Note Part 2
Equitable Remedies—This form of relief originated in England from a different court system that was able to provide relief not available in the common-law, called Curia Regis, court system. These remedies have been taken over by the courts of law, […]
978-1285428222 Chapter 3 Lecture Note Part 1
CHAPTER 3 TRIALS AND RESOLVING DISPUTES BASIC TRIAL PROCEDURES—A dispute resolved through the court system may proceed through these basic stages: pleadings, discovery, pretrial, trial, appellate, and enforcement. It is an adversary system with a relatively neutral judge compared to […]
978-1285428222 Chapter 26 Lecture Note
Part 4: Pulling It Together 1. Reversed in part. This is not a typical wrongful termination suit. Morrison was also a shareholder and director of the close corporation. There is a fiduciary duty between the parties. Absent a clear business […]
978-1285428222 Chapter 25 Lecture Note
Part 2: Pulling It Together 1. Since Mayes is from Indiana, there is diversity, so suit was filed in federal district court in TMT sued for trademark infringement—using the TMT name without paying royalties and in violation of the franchise […]
978-1285428222 Chapter 24 Lecture Note
Part 1: Pulling It Together 1. Jurisdiction and Constitutional Law The court in California does not have jurisdiction the Supreme Court held. “There is no evidence that Asahi designed its product in anticipation of sales in California…. On the basis […]
978-1285428222 Chapter 23 Lecture Note Part 2
Chapter 11: Domestic and International Sales Answers to Select Case Questions 3. Marquette was not in good faith; Norcem was correct and could refuse to buy. “The contract between the parties specifically states that the parties were to negotiate the […]
978-1285428222 Chapter 23 Lecture Note Part 1
“Check Your Answer” to the End-of-Chapter Case Questions Chapter 1: Today’s Business Environment: Law and Ethics Answers to Select Case Questions 2. The general rule that exists now is that since the government has ordered the posting of warning labels […]
978-1285428222 Chapter 22 Lecture Note Part 3
Decision: The court held it had jurisdiction. The relationship began in Mexico, but continued for nine years. In-Bond and Hase, although in Mexico, used equipment supplied by and owned by the Harper. They ran the Mexican plant for Harper under […]
978-1285428222 Chapter 22 Lecture Note Part 2
Penalty Provisions. The EAA provides criminal, civil, and administrative penalties. A person who fiknowingly” violates the Act can be fined up to $50,000 or five times the value of the exports and get up to 5 years in prison. A […]
978-1285428222 Chapter 22 Lecture Note Part 1
CHAPTER 22 THE INTERNATIONAL LEGAL ENVIRONMENT OF BUSINESS INTERNATIONAL LAW AND BUSINESS—The percent of U.S. gross national product involved in direct international trade has tripled in recent decades. Virtually every business, whether oriented towards domestic or international markets, is now […]
978-1285428222 Chapter 21 Lecture Note Part 3
Add. Case: Burlington Northern and Santa Fe Railway v. U.S. (Sup. Ct., 2009)–In 1960, B&B, an agricultural chemical distributor, began operations on a piece of land owned by the company in Arvin, California. It later expanded operations onto an adjacent […]
978-1285428222 Chapter 21 Lecture Note Part 2
Add. Info: Control of volatile organic compounds (VOCs) is leading to controls on many industries not much affected before. Commercial bakeries, mixing flour, water, yeast and heat produce ethanol, a VOC that contributes to the ozone problem. E.g., Emissions from […]
978-1285428222 Chapter 21 Lecture Note Part 1
CHAPTER 21 ENVIRONMENTAL LAW ENVIRONMENTAL REGULATION—During the 1960s the public became increasingly concerned with the environment. Pressure was placed on the federal government to enact legislation to protect and enhance the quality of the environment. In 1970 Congress created the […]
978-1285428222 Chapter 20 Lecture Note Part 4
Add. Case: Thompson Everett v. Natl. Cable Advertising (4th Cir., 1995)–Thompson Everett (TE) claimed it was illegally denied access to cable TV companies and the chance to earn commissions from the sale of cable air time for spot advertising because […]
978-1285428222 Chapter 20 Lecture Note Part 3
Exchanges of Information—This area is concerned with trading and sharing of information by businesses. At times, such trading may lead to anti-competitive behavior and present problems under the antitrust laws. Information Sharing—Inter-business exchanges of information that do not injure consumers […]
978-1285428222 Chapter 20 Lecture Note Part 2
Add. Case: South Austin Coalition Community Council v. SBC Communications (7th Cir., 2001)–SBC and Ameritech, two Baby Bells, merged after receiving approval from the FCC and state regulators. Justice did not oppose the merger. A consumer group sought to enjoin […]
978-1285428222 Chapter 20 Lecture Note Part 1
CHAPTER 20 ANTITRUST LAW THE ANTITRUST STATUTES—Three broadly-written federal statutes aimed at preventing such anti-competitive behavior as monopolization, price discrimination, tie-in sales, and other restraints of trade. The statutes are the Sherman Antitrust Act (1890), the Clayton Act (1914), and […]
978-1285428222 Chapter 2 Lecture Note Part 2
Add. Info: International Service—The Hague Convention sets out specific procedures for service of process. For example: Article 2-6: Through the country’s central authority Article 8: Through Diplomatic channels Article 19: By any means acceptable in the country where service is […]
978-1285428222 Chapter 2 Lecture Note Part 1
CHAPTER 2 THE COURT SYSTEMS THE COURT SYSTEMS—The federal court system was created by the Constitution, which specifies Supreme Court and “inferior Courts” Congress chooses to establish. The three level court system has existed for many years. Judges in the […]
978-1285428222 Chapter 19 Lecture Note Part 3
Add. Case: Ori v. Fifth Third Bank (E.D. Wisc., 2009)–Ori sued Fifth Third Bank and Fiserv for violations of the FCRA. Fifth hired Fiserv to process information about mortgages. Through Fiserv, Fifth provided information to consumer reporting agencies, which would […]
978-1285428222 Chapter 19 Lecture Note Part 2
Telebrands employed the same strategy in marketing a wide variety of products, so the FTC 2. Suppose some doctor endorses such a product. Is that enough to substantiate claims about the benefits of the product? Usually not. Some doctor can […]
978-1285428222 Chapter 19 Lecture Note Part 1
CHAPTER 19 CONSUMER PROTECTION THE FDA: FOOD AND DRUG REGULATION—The Food and Drug Administration monitors food and drug safety; its budget is about $4 billion. The FDA approves new drugs for sale, inspects food products for safety, and studies medical […]
978-1285428222 Chapter 18 Lecture Note Part 3
Add. Case: Jones v. Harris Assoc. (7th Cir., 2009)–Harris Associates advises the Oakmark mutual funds. Plaintiffs, who own shares of Oakmark, contend that the fees paid by Oakmark to Harris are too high and thereby violate the Investment Company Act […]
978-1285428222 Chapter 18 Lecture Note Part 2
SEC Action—The SEC may seek remedial actions against an issuer in violation of the law (i.e., it may compel the issuer to correct misleading information) or it may ask the Department of Justice to pursue criminal actions against the alleged […]
978-1285428222 Chapter 18 Lecture Note Part 1
CHAPTER 18 SECURITIES REGULATION THE ELEMENTS OF SECURITIES—Corporate finance occurs mostly by the sale of securities. An efficiently operating securities market is essential to the well-being of the economy. Most pension funds are invested in the securities markets. Corporate Finance—Securities […]
978-1285428222 Chapter 17 Lecture Note Part 2
because the plaintiffs lacked standing (they had suffered no “injury in fact”). Merely having a grievance with an agency’s policy is not the same as showing a concrete injury resulting from the policy. Add. Info: In Clarke v. Securities Industry […]
978-1285428222 Chapter 17 Lecture Note Part 1
CHAPTER 17 THE REGULATORY PROCESS ADMINISTRATIVE AGENCIES—Administrative agencies have become a fundamental part of modern government. Creating an Administrative Agency—An administrative agency is defined as an authority of the government (other than a court or a legislature) created to administer […]
978-1285428222 Chapter 16 Lecture Note Part 4
Add. Case: Karraker v. Rent-A-Center (7th Cir., 2005)–The Karraker brothers worked for Rent-A-Center (RAC). To be eligible for promotion, employees were required to take the APT Management Trainee-Executive Profile, a set of nine tests designed to measure math, language skills, […]
978-1285428222 Chapter 16 Lecture Note Part 3
Note: The courts uphold valid seniority programs, even if the effect is to institutionalize past discrimination. One case involved the Memphis fire fighters, where the Court held that even when providing affirmative action for African-Americans the seniority rights of the […]
978-1285428222 Chapter 16 Lecture Note Part 2
Add. Case: Reeves v. Sanderson Plumbing Products (S.Ct., 2000)–Reeves, 57, was fired from a supervisory position. He contended it was age discrimination as his supervisor made hostile remarks about his age and the rationale given for his dismissal was largely […]
978-1285428222 Chapter 16 Lecture Note Part 1
CHAPTER 16 EMPLOYMENT DISCRIMINATION ORIGINS OF DISCRIMINATION LAW—Discrimination on the basis of race, national origin, sex, religion, or other distinguishing personal characteristic has led to some groups being disadvantaged in the employment market. This may be seen in unemployment rates, […]