Dynamic business law

Title
Contents
Part One THE LEGAL ENVIRONMENT OF BUSINESS
	1 An Introduction to Dynamic Business Law
		Law and Its Purposes
		Classification of the Law
		Sources of Business Law
			Constitutions
			Statutes
			Cases
			Administrative Law
			Treaties
			Executive Orders
			Schools of Jurisprudence
		Global and Comparative Law
		Key Terms
		Appendix 1A: Critical Thinking and Business Law
	2 Business Ethics
		Case Opener Chinese Factories and Toxic Toothpaste
		Business Ethics and Social Responsibility
		Business Law and Business Ethics
		Case 2-1: Rexford Kipps et al. v. James Cailler et al.
		The WPH Framework for Business Ethics
			Who Are the Relevant Stakeholders?
			What Are the Ultimate Purposes of the Decision?
			How Do We Make Ethical Decisions?
		Case Opener Wrap-Up: Chinese Toothpaste Manufacturers
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
		Appendix 2A: Theories of Business Ethics
	3 The U.S. Legal System
		Case Opener Questionable Jurisdiction over Caterpillar
		Jurisdiction
			Original versus Appellate Jurisdiction
			Jurisdiction over Persons and Property
			Subject-Matter Jurisdiction
		Case 3-1: Wachovia Bank, N.A. v. Schmidt
		Venue
		The Structure of the Court System
			The Federal Court System
			State Court Systems
		Threshold Requirements
			Standing
			Case or Controversy
			Ripeness
		Steps in Civil Litigation
			The Pretrial Stage
			The Trial
		Case 3-2: J.E.B. v. Alabama, ex. rel. T.B.
			Appellate Procedure
		Case Opener Wrap-Up: Caterpillar
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	4 Alternative Dispute Resolution
		Case Opener Mandatory Arbitration at Hooters
		Primary Forms of Alternative Dispute Resolution
			Negotiation
			Mediation
			Arbitration
		Case 4-1: Buckeye Check Cashing, Inc. v. Cardegna et al.
		Case 4-2: Robert Gilmer v. Interstate/Johnson Lane Corporation
		Case 4-3: Equal Employment Opportunity Commission v. Waffle House, Inc.
		Other ADR Methods
			Med-Arb
			Summary Jury Trial
			Minitrial
			Early Neutral Case Evaluation
			Private Trials
		Court-Annexed ADR
		Use of ADR in International Disputes
		Case Opener Wrap-Up: Hooters
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	5 Constitutional Principles
		Case Opener Restricting Retail and the Commerce Clause
		The U.S. Constitution
			Judicial Review
		The Supremacy Clause and Federal Preemption
		The Commerce Clause
			The Commerce Clause as a Source of Authority for the Federal Government
		Case 5-1: Christy Brzonkala v. Antonio J. Morrison et al.
			The Commerce Clause as a Restriction on State Authority
		Case 5-2: Granholm v. Heald
		Taxing and Spending Powers of the Federal Government
		Other Constitutional Restrictions on Government
			The Privileges and Immunities Clause
			The Full Faith and Credit Clause
			The Contract Clause
		The Amendments to the Constitution
			The First Amendment
		Case 5-3: Bad Frog Brewery v. New York State Liquor Auth.
			The Fourth Amendment
			The Fifth Amendment
			The Ninth Amendment
			The Fourteenth Amendment
		Case Opener Wrap-Up: Formula Retail Ordinance
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	6 International and Comparative Law
		Case Opener Resolving a Breach of Contract Under the CISG
		Doing Business Internationally
		Ethical Considerations
		The General Agreement on Tariffs and Trade
		Regional Trade Agreements
		Comparative Law
		Legal Systems and Procedures
			Civil Law Systems
			Common Law Systems
			Other Legal Systems
		Substantive Law
			Comparative Contract Law
			Comparative Employment Law
		Case 6-1: Aldana v. Del Monte Fresh Produce, Inc.
		Dispute Settlement in an International Context
			Litigation
		Case 6-2: Gonzales v. Chrysler Corp.
			Arbitration
		Case Opener Wrap-Up: Resolving a Breach of Contract Under the CISG
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	7 Crime and the Business Community
		Case Opener Untenable Trading
		Elements of a Crime
		Classification of Crimes
		Common Crimes Affecting Business
			Property Crimes against Business
			White-Collar Crime
		Case 7-1: United States of America v. Gerson Cohen
		Liability for Crimes
			Corporate Criminal Liability
			Liability of Corporate Executives
		Case 7-2: United States v. Park
		Defenses to Crimes
			Infancy
			Mistake of Fact
			Intoxication
			Insanity
			Duress
			Entrapment
			Necessity
			Justifiable Use of Force
		Constitutional Safeguards
			Fourth Amendment Protections
			Fifth Amendment Protections
			Sixth Amendment Protections
			Eighth Amendment Protections
			Fourteenth Amendment Protections
			The Exclusionary Rule
		Criminal Procedure
			Pretrial Procedure
		Case 7-3: Miranda v. Arizona
			Trial Procedure
			Posttrial Procedure
		Tools for Fighting Business Crime
			The Racketeer Influenced and Corrupt Organizations Act
			The False Claims Act
			The Sarbanes-Oxley Act
		Case Opener Wrap-Up: Untenable Trading
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	8 Tort Law
		Case Opener Plastic Surgeon Defamation
		Introduction to Tort Law
		Classification of Torts
		Intentional Torts
			Intentional Torts against Persons
		Case 8-1: Steven J. Hatfill v. The New York Times Company and Nicholas Kristof
		Case 8-2: Cindy R. Lourcey et al. v. Estate of Charles Scarlett
			Intentional Torts against Property
			Intentional Torts against Economic Interests
		Damages Available in Tort Cases
			Compensatory Damages
			Nominal Damages
			Punitive Damages
		Case 8-3: Clark v. Chrysler Corporation
		Case Opener Wrap-Up: Plastic Surgeon Defamation
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	9 Negligence and Strict Liability
		Case Opener Gas Station Liability
		Introduction to Negligence and Strict Liability
		Elements of Negligence
			Duty
			Breach of Duty
			Causation
		Case 9-1: Palsgraf v. Long Island Railroad Company
			Damages
		Plaintiff’s Doctrines
			Res Ipsa Loquitur
		Case 9-2: Barbara Debusscher v. Sam’s East, Inc.
			Negligence per Se
			Special Plaintiff’s Doctrines and Statutes
		Defenses to Negligence
			Contributory Negligence
			Comparative Negligence
			Assumption of the Risk
		Case 9-3: Ex Parte Emmette L. Barran III
			Special Defenses to Negligence
		Strict Liability
		Case Opener Wrap-Up: Gas Station Liability
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	10 Product Liability
		Case Opener Is Human Sperm Subject to Product Liability Laws?
		Theories of Liability for Defective Products
			Negligence
		Case 10-1: Wyeth v. Levine
			Strict Product Liability
		Case 10-2: Welge v. Planters Lifesavers Co.
		Case 10-3: Sperry–New Holland, a Division of Sperry Corporation v. John Paul Prestage and Pam Prestage
			Warranty
		Market Share Liability
		Case Opener Wrap-Up: Is Human Sperm Subject to Product Liability Laws?
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	11 Liability of Accountants and Other Professionals
		Case Opener Questionable Accounting at WorldCom
		Common Law Accountant Liability to Clients
			Accountant Liability for Negligence
			Accountant Liability for Breach of Contract
			Accountant Liability for Fraud
		Common Law Accountant Liability to Third Parties
			Liability Based on Privity or Near-Privity ( The Ultramares Rule)
		Case 11-1: Credit Alliance Corp. v. Arthur Andersen & Co.
			Liability to Foreseen Users and Foreseen Class of Users ( The Restatement Rule)
			Liability to Reasonably Foreseeable Users
		Case 11-2: Bily v. Arthur Young & Co.
		Accountants’ and Clients’ Rights
			Working Papers
			Accountant-Client Privilege
		Federal Securities Law and Accountant Liability
			The Securities Act of 1933
			The Securities Exchange Act of 1934
		Case 11-3: Makor Issues & Rights, Ltd., et al. v. Tellabs Incorporated, et al.
			The Private Securities Litigation Reform Act of 1995
			The Sarbanes-Oxley Act of 2002
		Liability of Other Professionals
			Protection from Claims of Professional Malpractice
		Case Opener Wrap-Up: WorldCom
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	12 Intellectual Property
		Case Opener Use of Others’ Ideas: A Question of Intellectual Property
		Types of Intellectual Property
		Trademarks
		Case 12-1: Toys “R” Us, Inc. v. Canarsie Kiddie Shop, Inc.
			Trade Dress
			Federal Trademark Dilution Act of 1995
		Copyrights
		Case 12-2: Crown Awards, Inc. v. Discount Trophy & Co., Inc.
			Fair-Use Doctrine
		Case 12-3: Princeton University Press v. Michigan Document Services, Inc.
			No Electronic Theft Act
			Digital Millennium Copyright Act
		Patents
			Anatomy of Patent Litigation
		Trade Secrets
		International Protection of Intellectual Property
			The Berne Convention of 1886
			The Universal Copyright Convention of 1952, as Revised in 1971
			The Paris Convention of 1883
			The 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights
		Case Opener Wrap-Up: Use of Others’ Ideas: A Question of Intellectual Property
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Two CONTRACTS
	13 Introduction to Contracts
		Case Opener A Questionable Contract
		The Definition of a Contract
			Elements of a Contract
			Defenses to the Enforcement of a Contract
			The Objective Theory of Contracts
		Sources of Contract Law
			Common Law
			Uniform Commercial Code
		Classification of Contracts
			Bilateral versus Unilateral Contracts
		Case 13-1: D.L. Peoples Group, Inc. v. Hawley
			Express versus Implied Contracts
		Case 13-2: Pache v. Aviation Volunteer Fire Co.
			Quasi-Contracts
		Case 13-3: Reisenfeld & Co. v. The Network Group, Inc.; Builders Square, Inc.; Kmart Corp.
			Valid, Void, Voidable, and Unenforceable Contracts
			Executed versus Executory Contracts
			Formal versus Informal Contracts
		Interpretation of Contracts
		Case Opener Wrap-Up: A Questionable Contract
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	14 Agreement
		Case Opener The Problematic Promotion
		Elements of the Offer
			Intent
		Case 14-1: Lucy v. Zehmer
			Definite and Certain Terms
			Communication to the Offeree
		Case 14-2: Andrus v. State, Department of Transportation, and City of Olympia
		Termination of the Offer
			Revocation by the Offeror
			Rejection or Counteroffer by the Offeree
			Death or Incapacity of the Offeror
			Destruction or Subsequent Illegality of the Subject Matter
			Lapse of Time or Failure of Another Condition Specified in the Offer
		The Acceptance
			Manifestation of Intent to Be Bound to the Contract
			Acceptance of Definite and Certain Terms: The Mirror-Image Rule
			Communication to the Offeror
		Case 14-3: Osprey L.L.C. v. Kelly-Moore Paint Co.
		Case Opener Wrap-Up: Harrier Jet
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	15 Consideration
		Case Opener Upper Deck—Contract Liability or Gift?
		What Is Consideration?
		Rules of Consideration
			Lack of Consideration
		Case 15-1: Anthony A. Labriola v. Pollard Group, Inc.
			Adequacy of Consideration
		Case 15-2: Hamer v. Sidway
		Case 15-3: Thelma Agnes Smith v. David Phillip Riley
			Illusory Promise
			Past Consideration
			Preexisting Duty
		Uniform Commercial Code: Requirement and Output Contracts
		Partial Payment of a Debt
		Case Opener Wrap-Up: Upper Deck
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	16 Capacity and Legality
		Case Opener A Wasted Education
		Capacity
			Minors
		Case 16-1: Swalberg v. Hannegan
			Mentally Incapacitated Persons
			Intoxicated Persons
		Legality
			Contracts That Violate State or Federal Statutes
			Agreements in Contradiction to Public Policy
		Case 16-2: William Cavanaugh v. Margaret McKenna
		Case 16-3: Eric Lucier and Karen A. Haley v. Angela and James Williams, Cambridge Associates, Ltd., and Al Vasys
			Effect of Illegal Agreements
		Case Opener Wrap-Up: A Wasted Education
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	17 Legal Assent
		Case Opener A Disagreement over an Agreement
		The Importance of Legal Assent
		Mistake
			Unilateral Mistake
			Mutual Mistake
		Case 17-1: Ronald Jackson and Willa Jackson, Appellant v. Robert R. Blanchard, Helen M. Blanchard, Maynard L. Shellhammer, and Philip Schlemmer, Appellee
		Misrepresentation
			Innocent Misrepresentation
			Negligent Misrepresentation
			Fraudulent Misrepresentation
		Case 17-2: Gary W. Cruse and Venita R. Cruse v. Coldwell Banker/Graben Real Estate, Inc.
		Undue Influence
		Duress
		Unconscionability
		Case 17-3: Orville Arnold and Maxine Arnold, Plaintiffs v. United Companies Lending Corporation, a Corporation, and Michael T. Searls, an Individual, Defendants
		Case Opener Wrap-Up: A Disagreement over an Agreement
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	18 Contracts in Writing
		Case Opener Property Conveyance Dispute
		Statute of Frauds
		Contracts Falling within the Statute of Frauds
			Contracts Whose Terms Prevent Possible Performance within One Year
			Promises Made in Consideration of Marriage
			Contracts for One Party to Pay the Debt of Another If the Initial Party Fails to Pay
		Case 18-1: Power Entertainment, Inc., et al. v. National Football League Properties, Inc.
			Contracts Related to an Interest in Land
			Contracts for the Sale of Goods Totaling More than $500
			Further Requirements Specific to Certain States
		Sufficiency of the Writing
		Exceptions to the Statute of Frauds
			Admission
		Case 18-2: Stewart Lamle v. Mattel, Inc.
			Partial Performance
			Promissory Estoppel
			Exceptions under the UCC
		Parol Evidence Rule
		Exceptions to the Parol Evidence Rule
			Contracts That Have Been Subsequently Modified
			Contracts Conditioned on Orally Agreed-On Terms
			Nonfinalized, Partially Written and Partially Oral Contracts
			Contracts Containing Ambiguous Terms
			Incomplete Contracts
			Contracts with Obvious Typographical Errors
			Void or Voidable Contracts
			Evidence of Prior Dealings or Usage of Trade (UCC)
		Integrated Contracts
		Case Opener Wrap-Up: Property Conveyance Dispute
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	19 Third-Party Rights to Contracts
		Case Opener Fallout from a Forgettable Fight
		Assignments and Delegations
			Assignment
		Case 19-1: General Mills, Inc. v. Kraft Foods Global, Inc.
			Delegation
		Case 19-2: Forest Commodity Corp. (“FCC”) v. Lone Star Industries, Inc., et al.
		Assignment of the Contract
		Third-Party Beneficiary Contracts
			Intended Beneficiaries
		Case 19-3: Lawrence v. Fox
			Incidental Beneficiaries
		Case Opener Wrap-Up: Fallout from a Forgettable Fight
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	20 Discharge and Remedies
		Case Opener Impossible Wine Bottles
		Methods of Discharging a Contract
			Conditions
			Discharge by Performance
			Discharge by Material Breach
		Case 20-1: Miller v. Mills Construction, Inc.
			Discharge by Mutual Agreement
			Discharge by Operation of Law
		Case 20-2: Thrifty Rent-A-Car System v. South Florida Transport
		Remedies
			Legal Remedies (Monetary Damages)
		Case 20-3: Hadley v. Baxendale
			Equitable Remedies
		Case Opener Wrap-Up: Impossible Wine Bottles
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Three DOMESTIC AND INTERNATIONAL SALES LAW
	21 Introduction to Sales and Lease Contracts
		Case Opener Dropped Calls, or More Appropriately, Dropped Towers: Are Cell Towers Goods or Services?
		The Uniform Commercial Code
			The Scope of the UCC
			The Significance of the UCC
		Articles 2 and 2(A) of the UCC
			Article 2 of the UCC
		Case 21-1: Novamedix, Limited, Plaintiff-Appellant v. NDM Acquisition Corporation and Vesta Healthcare, Inc., Defendants-Appellees
		Case 21-2: DeWeldon, Ltd., v. McKean
			Article 2(A) of the UCC
		How Sales and Lease Contracts Are Formed under the UCC
			Formation in General
			Offer and Acceptance
			Consideration
			Requirements under the Statute of Frauds
			The Parol Evidence Rule
			Unconscionability
		Contracts for the International Sale of Goods
			The Scope of the CISG
			The Significance of the CISG
		Case 21-3: The Travelers Property Casualty Company of America and Hellmuth Obata & Kassabaum, Inc., Plaintiffs v. Saint- Gobain Technical Fabrics Canada Limited, formerly known as Bay Mills, Defendant
		Case Opener Wrap-Up: Falling Cell Towers
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	22 Title, Risk of Loss, and Insurable Interest
		Case Opener Keyboards Gone Astray
		The Concept of Title
			Three Kinds of Title
		Acquiring Good Title
		Case 22-1: Tempur-Pedic International, Inc., Plaintiff v. Waste To Charity, Inc.; Broco Supply, Inc.; Jack Fitzgerald; Eric Volovic; Howard Hirsch; Thomas Scarello; Nelson Silva; Close Out Surplus and Savings, Inc.; and Ernest Peia, Defendants
			Voidable Title
			Third-Party Purchasers and Good Title
			Entrustment
			Recourse under the UCC
		Types of Sales Contracts
			Simple Delivery Contract
		Case 22-2: Emery v. Weed
			Common-Carrier Delivery Contract
		Case 22-3: Pileri Industries, Inc. v. Consolidated Industries, Inc.
			Goods-in-Bailment Contract
			Conditional Sales Contract
		Risk of Loss during a Breach of Contract
			When the Seller Is in Breach
			When the Buyer Is in Breach
		Case Opener Wrap-Up: Keyboards Gone Astray
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	23 Performance and Obligations under Sales and Leases
		Case Opener What a Difference a Day Makes!
		The Basic Performance Obligation
			Good Faith
		Specific Obligations of Sellers and Lessors
			The Perfect Tender Rule
		Case 23-1: Alaska Pacific Trading Co. v. Eagon Forest Products Inc.
			Exceptions to the Perfect Tender Rule
		Case 23-2: DeJesus v. Cat Auto Tech. Corp.
		Specific Obligations of Buyers and Lessees
			The Basic Obligation: Inspection, Payment, and Acceptance
			Exceptions to the Basic Obligation
		Case 23-3: Hubbard v. UTZ Quality Foods, Inc.
		Case Opener Wrap-Up: What a Difference a Day Makes!
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	24 Remedies for Breach of Sales and Lease Contracts
		Case Opener Let’s “See” the Damages in Defective Eye Ointment
		The Goal of Contract Remedies
		Remedies Available to Sellers and Lessors under the UCC
			Cancel the Contract
			Withhold Delivery
			Resell or Dispose of the Goods
			Sue to Get the Benefit of the Bargain
			Liquidated Damages
			Stop Delivery
			Reclaim the Goods
		Remedies Available to Buyers and Lessees under the UCC
			Cancel the Contract
			Obtain Cover
		Case 24-1: U.S.A. Coil & Air, Inc. v. Hodess Building Co.
			Sue to Recover Damages
			Recover the Goods
			Obtain Specific Performance
		Case 24-2: Almetals, Inc., Plaintiff v. Wickeder Westfalenstahl, GMBH, Defendant
			Reject Nonconforming Goods
			Revoke Acceptance of Nonconforming Goods
			Accept the Nonconforming Goods and Seek Damages
		Modifications or Limitations to Remedies Otherwise Provided by the UCC
		Case 24-3: Figgie International, Inc. v. Destileria Serralles, Inc.
		Case Opener Wrap-Up: Eye Ointment
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	25 Warranties
		Case Opener How Much Is That Doggie?
		Introduction
		Types of Warranties
			Express Warranties
		Case 25-1: Donald Welchert, Rick Welchert, Jerry Welchert, Deborah Welchert, Appellees v. American Cyanamid Inc., Appellant
			Implied Warranties of Title
			Implied Warranties of Quality
		Case 25-2: Priscilla D. Webster v. Blue Ship Tea Room, Inc.
		Warranty Rights of Third Parties
		Case 25-3: Melissa Kahn v. Volkswagen of America, Inc.
		Warranty Disclaimers and Waivers
		Case Opener Wrap-Up: How Much Is That Doggie?
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Four NEGOTIABLE INSTRUMENTS AND BANKING
	26 Negotiable Instruments: Negotiability and Transferability
		Case Opener Oral Agreements and Negotiable Instruments
		The Need for Negotiable Instruments
			Contracts as Commercial Paper
			Problems with Commercial Paper
		Types of Negotiable Instruments
		An Overview of the Law of Negotiable Instruments
		Case 26-1: Samuel James Thompson v. First Citizens Bank & Trust Co.
			Negotiable Instrument versus Simple Contract
			Requirements for Negotiability
		Case 26-2: State v. Warner
		Case 26-3: New Wave Technologies, Inc. v. Legacy Bank of Texas
		Case Opener Wrap-Up: An Oral Agreement with MGM
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	27 Negotiation, Holder in Due Course, and Defenses
		Case Opener Dishonored Check and Holder-in-Due-Course Status
		Negotiation
			Delivery
			Endorsement
		Case 27-1: Mid-Atlantic Tennis Courts, Inc. v. Citizens Bank and Trust Company of Maryland
			Noncriminal Endorsement Problems
		Holder-in-Due-Course Doctrine
			Reason for Holder-in-Due-Course Status
		Requirements for Holder-in-Due-Course Status
		Case 27-2: Michael J. Kane, Jr. v. Grace Kroll
			Be a Holder of a Complete and Authentic Negotiable Instrument
			Take Instrument for Value
			Take Instrument in Good Faith
		Case 27-3: Buckeye Check Cashing, Inc. v. Camp
			Take Instrument without Notice
		The Shelter Principle and HDC
		Abuse of the Holder-in-Due-Course Doctrine
		Case Opener Wrap-Up: Dishonored Check and Holder-in-Due-Course Status
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	28 Liability, Defenses, and Discharge
		Case Opener Bank One and the Forged Checks
		Signature Liability
			Primary Liability of Makers and Acceptors
			Secondary Liability of Drawers and Endorsers
			Accommodation Parties
		Case 28-1: Star Bank v. Theodore Jackson, Jr.
			Agents’ Signatures
		Warranty Liability
			Transfer Warranty
			Presentment Warranty
		Avoiding Liability for Negotiable Instruments
		Case 28-2: Halliburton Energy Services, Inc. v. Fleet National Bank
			Defenses to Liability
		Case 28-3: Gary Darnall and Emilie Darnall, Appellants and Cross-Appellees v. Bernard Petersen, Appellee, and Kay Petersen, Appellee and Cross-Appellant
			Discharge of Liability on Instruments
		Case Opener Wrap-Up: Bank One and the Forged Checks
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	29 Checks and Electronic Fund Transfers
		Case Opener Posting Checks from Highest to Lowest Dollar Amount
		Checks
			Cashier’s Checks
			Teller’s Checks
			Traveler’s Checks
			Money Orders
			Certified Checks
			Why Use Cashier’s, Teller’s, or Certified Checks?
			Lost, Stolen, or Destroyed Cashier’s, Teller’s, or Certified Checks
		Accepting Deposits
			The Check Collection Process
			Types of Banks Involved in Check Collection
			Check Collection within the Same Bank
			Check Collection between Different Banks
			Federal Reserve System for Clearing Checks
			Electronic Check Presentment
			Availability Schedule for Deposited Checks
		When a Bank May Charge a Customer’s Account
			Wrongful Dishonor
		Case 29-1: Pamela Jana v. Wachovia
			Overdrafts
			Stop-Payment Order
			Postdated Checks
			Stale Checks
		Case 29-2: Scott D. Leibling, P.C. v. Mellon PSFS (NJ) National Association
			Forgeries and Alterations
		Case 29-3: Weafri Well Services, Co., Ltd. v. Fleet Bank, National Association
		Electronic Fund Transfers
			Types of EFT Systems
			Consumer Fund Transfers
			Commercial Fund Transfers
		E-Money and Online Banking
			Online Banking Services
			Regulatory Compliance
			Privacy Protection
		Case Opener Wrap-Up: Posting Checks from Highest to Lowest Dollar Amount
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Five CREDITORS’ RIGHTS AND BANKRUPTCY
	30 Secured Transactions
		Case Opener Auto Credit
		Important Definitions Associated with Secured Transactions
		Creation of Secured Interests
			Written Agreement
			Value
			Debtor Rights in the Collateral
			Purchase-Money Security Interest
		Perfected Security Interest
			Perfection by Filing
			Perfection by Possession
			Automatic Perfection
		Case 30-1: Gerald Gaucher v. Cold Springs RV Corp.
			Perfection of Movable Collateral
			Perfection of Security Interests in Automobiles and Boats
		The Scope of a Security Interest
			After-Acquired Property
			Proceeds
		Termination of a Security Interest
		Priority Disputes
			Secured versus Unsecured Creditors
			Secured versus Secured Creditors
			Secured Party versus Buyer
		Case 30-2: In re Girolamo Afonica, Debtor
		Default
			Taking Possession of the Collateral
		Case 30-3: Lingross v. Heilig-Meyers Furniture
			Proceeding to Judgment
		Case Opener Wrap-Up: Auto Credit
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	31 Other Creditors’ Remedies and Suretyship
		Case Opener Liens and Payment for the Installation of a Septic System
		Laws Assisting Creditors
			Statutory Liens
		Case 31-1: In re Enron Corp.
			Judicial Liens
		Case 31-2: United States v. Miller
			Mortgage Foreclosure
			Creditors’ Composition Agreements
			Assignment for the Benefit of Creditors
		Suretyship and Guaranty Contracts
			Suretyship
			Guaranty
			Defenses of the Surety and the Guarantor
		Case 31-3: Cooper Investments v. Conger
			Rights of the Surety and the Guarantor
		Case Opener Wrap-Up: Liens and Payment for the Installation of a Septic System
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	32 Bankruptcy and Reorganization
		Case Opener GM Bankruptcy
		The Bankruptcy Act and Its Goals
			Title 11 of the United States Code
		Attributes of Bankruptcy Cases
			Perceptions of Bankruptcy
		Bankruptcy Proceedings
		Specific Types of Relief Available
			Chapter 7: Liquidation Proceedings
		Case 32-1: Blausey v. U.S. Trustee
		Case 32-2: Rousey v. Jacoway
		Case 32-3: Margaret Kawaauhau et vir, Petitioners v. Paul W. Geiger
			Chapter 11: Reorganizations
			Chapter 13: Individual Repayment Plans
			Chapter 12: Family-Farmer and Family- Fisherman Plans
		Case Opener Wrap-Up: GM Bankruptcy
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Six AGENCY
	33 Agency Formation and Duties
		Case Opener FedEx and Independent Contractors
		Introduction to Agency Law
		Creation of the Agency Relationship
		Types of Agency
			Expressed Agency (Agency by Agreement)
			Agency by Implied Authority
			Apparent Agency (Agency by Estoppel)
		Case 33-1: Thomas & Linda Genovese v. Theresa Bergeron
			Agency by Ratification
		Agency Relationships
			Principal-Agent Relationship
			Employer-Employee Relationship
			Employer–Independent Contractor Relationship
		Case 33-2: Cynthia Walker v. John A. Lahoski et al.
		Duties of the Agent and the Principal
			Principal’s Duties to the Agent
			Agent’s Duties to the Principal
		Case 33-3: International Airport Centers v. Jacob Citrin
		Rights and Remedies
			Principal’s Rights and Remedies against the Agent
			Agent’s Rights and Remedies against the Principal
		Case Opener Wrap-Up: FedEx and Independent Contractors
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	34 Liability to Third Parties and Termination
		Case Opener Liability and the “Wardrobe Malfunction” of Super Bowl XXXVIII
		Contractual Liability of the Principal and Agent
		Case 34-1: Sharon D. Jones v. Renee S. Brandt
			Classification of the Principal
			Authorized Acts
			Unauthorized Acts
		Tort Liability and the Agency Relationship
			Principal’s Tortious Conduct
		Case 34-2: Iglesia Cristiana La Casa Del Senor, Inc., etc. v. L.M.
			Agent Misrepresentation
		Principal’s Liability and the Independent Contractor
		Crime and Agency Relationships
		Termination of the Agency Relationship
		Case 34-3: Angela & Raul Ruiz v. Fortune Insurance Company
			Termination by Acts of Parties
			Termination by Operation of Law
		Case Opener Wrap-Up: CBS and Janet Jackson’s On-Screen Nudity
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Seven BUSINESS ORGANIZATIONS CHAPTER
	35 Forms of Business Organization
		Case Opener The Dunkin’ Donuts Franchise Agreement
		Major Forms of Business Organization
			Sole Proprietorship
			Partnership
			Corporation
			Limited Liability Company
		Specialized Forms of Business Organization
			Cooperative
			Joint Stock Company
			Business Trust
			Syndicate
			Joint Venture
		Case 35-1: MMK Group, LLC v. The SheShells Company, LLC, et al.
			Franchise
		Case 35-2: Mary Kay, Inc., a/k/a Mary Kay Cosmetics, Inc. v. Janet Isbell
		Case 35-3: Cousins Subs Systems, Inc. v. Michael R. McKinney
		Case Opener Wrap-Up: Dunkin’ Donuts
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	36 Partnerships: Nature, Formation, and Operation
		Case Opener Jax Restaurant Partnership
		Nature of the Partnership
		Case 36-1: Ingram v. Deere
			Partnership as a Legal Entity
			Partnership as a Legal Aggregate
		Formation of the Partnership
			Partnership by Estoppel
		Interactions between Partners
			Duties of Partners to One Another
		Case 36-2: Colette Bohatch v. Butler & Binion
			Rights of the Partners in Their Interactions with Other Partners
		Interactions between Partners and Third Parties
			Actual Authority of the Partners
			Implied Authority of the Partners
			Liability to Third Parties
		Case 36-3: Eric Johnson & Lori Johnson v. St. Therese Medical Center
			Liability of Incoming Partners
		The Revised Uniform Partnership Act
		Case Opener Wrap-Up: Crushed Hand in the Dough Press at Jax Restaurant
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	37 Partnerships: Termination and Limited Partnerships
		Case Opener Partnership Problems of Wildmeadow Village
		Termination of the Partnership
		Dissolution of the Business
			Act of Partners
			Operation of Law
			Act of the Court
		Case 37-1: Liem Phan Vu v. Davis Ha et al.
		Consequences of Dissolution
		Winding Up the Business
		Case 37-2: Jack A. Kahn and Denise W. Kahn v. Stewart Mesher and Lieselotte Mesher
		Case 37-3: Robert M. Tafoya v. Dee S. Perkins, No. 95CA0408
			Continuing the Partnership after Dissolution
		Limited Partnerships
			Formation of the Limited Partnership
			Rights and Liabilities of the Limited Partners and the General Partners
			Dissolution of the Limited Partnership
		Limited Liability Companies
		Case Opener Wrap-Up: Wildmeadow Village Partnership Problems
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	38 Corporations: Formation and Financing
		Case Opener The Formation of the Facebook Corporation
		Characteristics of Corporations
			Legal Entity
			Rights as a Person and a Citizen
		Case 38-1: Federal Election Comm’n v. Beaumont
			Creature of the State
			Limited Liability
			Free Transferability of Corporate Shares
			Perpetual Existence
			Centralized Management
			Corporate Taxation
			Liability for Officers and Employees
		Corporate Powers
			Express and Implied Powers
		Classification of Corporations
			Public or Private
			Profit or Nonprofit
			Domestic, Foreign, and Alien Corporations
			Publicly Held or Closely Held
			Subchapter S Corporation
			Professional Corporation
		Formation of the Corporation
			Organizing and Promoting the Corporation
		Case 38-2: Coopers & Lybrand v. Garry J. Fox
			Selecting a State for Incorporation
		Legal Process of Incorporation
			Selection of Corporate Name
			Incorporators
			Articles of Incorporation
			First Organizational Meeting
		Potential Problems with Formation of the Corporation
			Responses to Defective Incorporation
		Case 38-3: J-Mart Jewelry Outlets, Inc. v. Standard Design
		Corporate Financing
			Debt Securities
			Equity Securities
		Case Opener Wrap-Up: Facebook
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	39 Corporations: Directors, Officers, and Shareholders
		Case Opener Roles of Directors, Officers, and Shareholders of Bank of America
		Importance of Regulating Interactions among Directors, Officers, and Shareholders within a Corporation
		Roles of Directors, Officers, and Shareholders
			Directors’ Roles
			Officers’ Roles
			Shareholders’ Roles
		Duties of Directors, Officers, and Shareholders
			Duties of Directors and Officers
			Duties of Shareholders
		Case 39-1: Frieda H. Rabkin v. Philip A. Hunt Chemical Corp.
		Liabilities of Directors, Officers, and Shareholders
			Liability of Directors and Officers
		Case 39-2: State of Wisconsin Investment Board v. William Bartlett
			Liability of Shareholders
		Rights of Directors, Officers, and Shareholders
			Directors’ Rights
			Officers’ Rights
			Shareholders’ Rights
		Case 39-3: Mouzakitis v. Pearl Nightlife, Inc., et al.
		Case Opener Wrap-Up: Bank of America
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	40 Corporations: Mergers, Consolidations, Terminations
		Case Opener The Merger between the Cable Channels Lifetime and A&E
		Introduction to Mergers and Consolidations
			Mergers
			Consolidations
		Procedures for Mergers and Consolidations
			The Rights of Shareholders
			Short-Form Mergers
		Case 40-1: Hartleib v. Sirius Satellite Radio et al.
			Appraisal Rights
		Case 40-2: Charland v. Country View Golf Club, Inc.
		Purchase of Assets
		Purchase of Stock
		The Nature of Takeovers
			Types of Takeovers
			Response to Takeovers
		Case 40-3: Royal Crown Companies, Inc. v. McMahon
		Response to Termination
			Dissolution
			Liquidation
		Case Opener Wrap-Up: A&E Television Networks
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	41 Corporations: Securities and Investor Protection
		Case Opener The Martha Stewart Case
		What Is a Security?
		Case 41-1: Securities and Exchange Commission v. Life Partners, Inc.
		Securities Regulation
			The Securities and Exchange Commission
		The Securities Act of 1933
			Registration Statement
			Prospectus
			Periods of the Filing Process
			Special Registration Provisions
			Exemptions under the 1933 Act
			Violations and Liability
		Case 41-2: David Overton and Jerome I. Kransdorf v. Todman & Co., CPAs, P.C. and Trien, Rosenberg, Rosenberg, Weinberg, Ciullo & Fazzari
		The Securities Exchange Act of 1934
			Section 10(b) and Rule 10b-5
			Insider Trading
		Case 41-3: Securities and Exchange Commission v. Texas Gulf Sulphur Co.
			The Private Securities Litigation Reform Act of 1995
			Outsiders and Insider Trading
			Section 16(b)
			Proxy Solicitations
			Violations of the 1934 Act
		Regulation of Investment Companies
		State Securities Laws
		Case Opener Wrap-Up: Martha Stewart
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Eight EMPLOYMENT AND LABOR RELATIONS
	42 Employment and Labor Law
		Case Opener Madison and Save Right Pharmacy
		Introduction to Labor and Employment Law
		Fair Labor Standards Act
		Family and Medical Leave Act
			Remedies for Violations of FMLA
		Unemployment Compensation
		Workers’ Compensation Laws
			Benefits under State Workers’ Compensation
		Case 42-1: Delgado v. Phelps Dodge Chino, Inc.
			Advantages and Disadvantages of Workers’ Compensation
		Consolidated Omnibus Budget Reconciliation Act of 1985
		Employee Retirement Income Security Act of 1974
		Occupational Safety and Health Act of 1970
			Penalties under OSHA
		Employment-at-Will Doctrine and Wrongful Termination
		Employee Privacy in the Workplace
			Electronic Monitoring and Communication
			Drug Testing in the Workplace
		Labor Law
			The Wagner Act of 1935
			The Taft-Hartley Act of 1947
			The Landrum-Griffin Act of 1959
			The National Labor Relations Board
			The Collective Bargaining Process
			Strikes, Picketing, and Boycotts
		Case Opener Wrap-Up: Madison and Save Right Pharmacy
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	43 Employment Discrimination
		Case Opener Brad Gets Fired from “So Clean!”
		When May an Employee Be Fired?
		Federal Laws Governing Employers
		Civil Rights Act—Title VII
			Proving Disparate-Treatment Discrimination under Title VII
			Proving Disparate-Impact Discrimination under Title VII
			Sexual Harassment under Title VII
		Case 43-1: Teresa Harris v. Forklift Systems, Inc.
		Case 43-2: Oncale v. Sundowner Offshore Services, Inc.
			Harassment of Other Protected Classes under Title VII
			Pregnancy Discrimination Act of 1987—An Amendment to Title VII
			Defenses to Claims under Title VII
			Remedies under Title VII
			Procedure for Filing a Claim under Title VII
		Age Discrimination in Employment Act of 1967
			Proving Age Discrimination under ADEA
		Case 43-3: James v. Sears, Roebuck & Co.
			Defenses under ADEA
		Americans with Disabilities Act
			Who Is Protected under ADA?
			Enforcement Procedures under ADA
			Remedies for Violations of ADA
		Equal Pay Act of 1963
			Defining Equal Work under EPA
			The Impact of Extra Duties under EPA
			Defenses under EPA
			Remedies for Violations of EPA
		Discrimination Based on Sexual Orientation—Actionable?
		May an Employer Discriminate against a Smoker?
		Employment Discrimination Internationally
		Case Opener Wrap-Up: Brad versus So Clean and Jennifer
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Nine GOVERNMENT REGULATION
	44 Administrative Law
		Case Opener Does the EPA Have an Obligation to Regulate Automobile Emissions?
		Introduction to Administrative Law
			What Is Administrative Law?
			Why and How Are Agencies Created?
		Case 44-1: Lakeland Enterprises of Rhinelander, Inc. v. Chao
		Different Types of Administrative Agencies
		How Are Agencies Run?
			Informal Rule Making
			Formal Rule Making
			Hybrid Rule Making
			Exempted Rule Making
		Case 44-2: National Cable & Telecommunications Assn. v. Gulf Power Co.
			Regulated Negotiation
			Problems Associated with Rule Making
			Other Administrative Activities
		Case 44-3: Yan Ju Wang v. George Valverde
		Limitations on Agency Powers
			Political Limitations
			Statutory Limitations
			Judicial Limitations
			Informational Limitations
		Federal and State Administrative Agencies
		Case Opener Wrap-Up: EPA
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	45 Consumer Law
		Case Opener The Peanut Corporation of America Recall
		The Federal Trade Commission
			How the FTC Brings an Action
			Trade Regulation Rules
		Deceptive Advertising
		Case 45-1: Kraft Inc. v. Federal Trade Commission
			Bait-and-Switch Advertising
			FTC Actions against Deceptive Advertising
			Telemarketing and Electronic Advertising
			Tobacco Advertising
		Labeling and Packaging Laws
		Sales
			Door-to-Door Sales
			Telephone and Mail-Order Sales
			FTC Regulation of Sales in Specific Industries
		Credit Protection
			The Truth in Lending Act
			The Fair Credit Reporting Act
			The Fair Debt Collection Practices Act
		Case 45-2: Federal Trade Commission v. Check Investors, Inc., et al.
			The Credit Card Fraud Act
			The Fair Credit Billing Act
			The Fair and Accurate Credit Transactions Act
			The Credit Cardholders’ Bill of Rights Act
		Consumer Health and Safety
			The Federal Food, Drug, and Cosmetic Act
		Case 45-3: Food and Drug Administration et al. v. Brown & Williamson Tobacco Corporation et al.
			The Consumer Product Safety Act
		Case Opener Wrap-Up: Peanut Corporation of America
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	46 Environmental Law
		Case Opener Rogers Corporation’s Hazardous Waste Debacle
		Alternative Means of Protecting the Environment
			Tort Law
			Government Subsidies
			Marketable Discharge Permits
			Green Taxes
			Direct Regulation
		The Environmental Protection Agency
		The National Environmental Policy Act
			Environmental Impact Statements
		Case 46-1: Department of Transportation v. Public Citizen
		Regulating Air Quality
			National Ambient Air Quality Standards
			Toxic or Hazardous Air Pollutants
			Enforcement of the Clean Air Act
		Regulating Water Quality
			Clean Water Act
			Safe Drinking Water Act
		Regulating Hazardous Waste
			Resource Conservation and Recovery Act
			Comprehensive Environmental Response, Compensation and Liability Act of 1980, as Amended by the Superfund Amendment and Reauthorization Act of 1986
		Case 46-2: AMW Materials Testing, Inc., Anthony Antoniou v. Town of Babylon & North Amityville Fire Company, Inc.
		Regulating Toxic Substances
			Toxic Substances Control Act
			Federal Insecticide, Fungicide, and Rodenticide Act
		Case 46-3: Bates v. Dow Agrosciences, LLC
		International Environmental Considerations
		Case Opener Wrap-Up: Rogers Corporation
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	47 Antitrust Law
		Case Opener Whole Foods Market Merger and Monopoly
		History of and Rationale for Antitrust Law
			The Need for Regulation
			Rationale for Antitrust Laws
			Recent Regulatory Attitudes
			Exemptions from Antitrust Law
		The Sherman Act
			Jurisdiction of the Sherman Act
			Section 1 of the Sherman Act
		Case 47-1: Bell Atlantic Corporation v. William Twombly
		Case 47-2: Continental T.V., Inc. v. GTE Sylvania Inc.
			Section 2 of the Sherman Act
		Case 47-3: PepsiCo, Inc., Plaintiff v. The Coca-Cola Company, Defendant
		The Clayton Act
			Section 2: Price Discrimination
			Section 3: Exclusionary Practices
			Section 7: Mergers
			Section 8: Interlocking Directorates
		The Federal Trade Commission Act
		The Robinson-Patman Act
		Enforcement of Antitrust Laws
			Public Enforcement
			Private Enforcement
		Case Opener Wrap-Up: Whole Foods Market
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
Part Ten PROPERTY CHAPTER
	48 The Nature of Property, Personal Property, and Bailments
		Case Opener Prisoners and Personal Property
		The Nature and Classifications of Property
		Personal Property
			Voluntary Transfer of Property
		Case 48-1: Stephen Labatt Porter, et al., Appellant v. Black Warrior Farms, L.L.C., et al.
		Case 48-2: Barry Meyer v. Robyn Mitnick
			Involuntary Transfer of Personal Property
		Case 48-3: Omni Holding and Development Corp. v. C.A.G. Investments, Inc.
			Other Means of Acquiring Ownership of Property
		Bailment
			Rights and Duties of the Bailor
			Rights and Duties of the Bailee
			Documents Related to Bailments
			Special Bailments
		Case Opener Wrap-Up: Prisoners and Personal Property
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	49 Real Property
		Case Opener Economic Redevelopment in Poletown
		The Nature of Real Property
			Fixtures
			Extent of Ownership
		Interests in Real Property
			Fee Simple Absolute
			Conditional Estate
			Life Estate
		Case 49-1: Sauls v. Crosby
			Future Interest
			Leasehold Estate
			Nonpossessory Estate
		Co-ownership
			Tenancy in Common
			Joint Tenancy
			Tenancy by the Entirety
			Condominiums and Cooperatives
		Voluntary Transfer of Real Property
			Legal Requirements
			Sales Transactions
		Involuntary Transfer of Real Property
			Adverse Possession
			Condemnation
		Case 49-2: Kelo v. City of New London
		Restrictions on Land Use
			Restrictive Covenants
		Case 49-3: Double Diamond Properties v. BP Products
			Zoning
			Other Statutory Restrictions on Land Use
		Case Opener Wrap-Up: Poletown
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	50 Landlord-Tenant Law
		Case Opener Free to Choose?
		Creation of the Landlord-Tenant Relationship
			Types of Leases
			Fair Housing Act
		Case 50-1: Chicago Lawyers’ Committee for Civil Rights under the Law, Inc. v. Craigslist, Inc.
		Rights and Duties of the Landlord and the Tenant
			Possession of the Premises
		Case 50-2: Janet I. Benitez v. Sebastiano Restifo
			Eviction
			Use of the Premises
		Case 50-3: Nancy McCormick v. Robert Moran, Small Claims #5176
			Maintenance of the Premises
			Rent
		Liability for Injuries on the Premises
			Landlord’s Liability
			Tenant’s Liability
		Transferring Interests of Leased Property
			Landlord Transfer of Interest
			Tenant Transfer of Interest
		Termination of the Lease
			Breach of Condition by Landlord
			Forfeiture
			Destruction of the Premises
			Surrender
			Abandonment
		Case Opener Wrap-Up: Free to Choose?
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	51 Insurance Law
		Case Opener Chinese Drywall Presents Challenges for Homeowners
		The Nature of the Insurance Relationship
			Risk
			Insurable Interest
		Case 51-1: Wuliger v. Manufacturers Life Insurance Company
		The Insurance Contract
			Application for Insurance
		Case 51-2: Equity Fire & Casualty Company v. Laurence Traver
			Important Elements of the Insurance Contract
		Case 51-3: Eileen Nygaard v. State Farm Insurance Company
		Canceling the Insurance Policy
		Insurer and Insured Obligations
			Insurer Duty to Defend the Insured
			Insured Duty to Pay Sums Owed by the Insured
			Insured Duty to Disclose Information
			Insured Duty to Cooperate with the Insurer
		The Insurer’s Defenses for Nonpayment
		Types of Insurance
			Liability and Property Insurance
			Life Insurance
		Case Opener Wrap-Up: Chinese Drywall
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
	52 Wills and Trusts
		Case Opener Who Needs Estate Planning?
		Estate Planning
			The Uniform Probate Code
			Tools of Estate Planning
			Why Individuals Engage in Estate Planning
		Case 52-1: Deborah Ellen Hecht v. William Everett Kane, Jr.
		Legal Issues Related to Wills
			Intestacy Statutes
			Requirements for a Legally Valid Will
			Grounds for Contesting a Will
		Case 52-2: In re Estate of Lazelle
			Changing a Will
			Revoking a Will
		Case 52-3: In re the Estate of Charles Kuralt, Deceased
			Settlement of an Estate
		Trusts as Estate Planning Tools
			How and Why Individuals Create Trusts
			Basic Kinds of Trusts
			How Trusts Are Terminated
		End-of-Life Decisions
			Advance Directives
			Anatomical Gifts
			Choices about the Body after Death
		International Protection for Wills
		Case Opener Wrap-Up: Most Americans Need Estate Planning
		Key Terms
		Summary of Key Topics
		Point/Counterpoint
		Questions & Problems
APPENDIX A The Constitution of the United States Of America A-
APPENDIX B Uniform Commercial Code
APPENDIX C Title VII of the Civil Rights Act of 1964
APPENDIX D The Civil Rights Act of 1991
Glossary
Credits
Name Index
Subject Index