Legal Aspects of Marketing and Sales
v. 1.0
Table of Contents
Licensing Information
Chapter 1: Introduction to Law and Legal Systems
Chapter Introduction
What Is Law?
Schools of Legal Thought
Basic Concepts and Categories of US Positive Law
Sources of Law and Their Priority
Legal and Political Systems of the World
A Sample Case
Summary and Exercises
Chapter 2: Corporate Social Responsibility and Business Ethics
Chapter Introduction
What Is Ethics?
Major Ethical Perspectives
An Ethical Decision Model
Corporations and Corporate Governance
Summary and Exercises
Chapter 3: Courts and the Legal Process
Chapter Introduction
The Relationship between State and Federal Court Systems in the United States
The Problem of Jurisdiction
Motions and Discovery
The Pretrial and Trial Phase
Judgment, Appeal, and Execution
When Can Someone Bring a Lawsuit?
Relations with Lawyers
Alternative Means of Resolving Disputes
Cases
Chapter 4: Constitutional Law and US Commerce
Chapter Introduction
Basic Aspects of the US Constitution
The Commerce Clause
Dormant Commerce Clause
Preemption: The Supremacy Clause
Business and the Bill of Rights
Cases
Summary and Exercises
Chapter 5: Administrative Law
Chapter Introduction
Administrative Agencies: Their Structure and Powers
Controlling Administrative Agencies
The Administrative Procedure Act
Administrative Burdens on Business Operations
The Scope of Judicial Review
Cases
Summary and Exercises
Chapter 6: Criminal Law
Chapter Introduction
The Nature of Criminal Law
Types of Crimes
The Nature of a Criminal Act
Responsibility
Procedure
Constitutional Rights of the Accused
Cases
Summary and Exercises
Chapter 7: Introduction to Tort Law
Chapter Introduction
Purpose of Tort Laws
Intentional Torts
Negligence
Strict Liability
Cases
Summary and Exercises
Chapter 8: Introduction to Contract Law
Chapter Introduction
General Perspectives on Contracts
Sources of Contract Law
Basic Taxonomy of Contracts
Cases
Summary and Exercises
Chapter 9: The Agreement
Chapter Introduction
The Agreement in General
The Offer
The Acceptance
Cases
Summary and Exercises
Chapter 10: Real Assent
Chapter Introduction
Duress and Undue Influence
Misrepresentation
Mistake
Capacity
Cases
Summary and Exercises
Chapter 11: Consideration
Chapter Introduction
General Perspectives on Consideration
Legal Sufficiency
Promises Enforceable without Consideration
Cases
Summary and Exercises
Chapter 12: Legality
Chapter Introduction
General Perspectives on Illegality
Agreements in Violation of Statute
Bargains Made Illegal by Common Law
Effect of Illegality and Exceptions
Cases
Summary and Exercises
Chapter 13: Form and Meaning
Chapter Introduction
The Statute of Frauds
The Parol Evidence Rule
Interpretation of Agreements: Practicalities versus Legalities
Cases
Summary and Exercises
Chapter 14: Third-Party Rights
Chapter Introduction
Assignment of Contract Rights
Delegation of Duties
Third-Party Beneficiaries
Cases
Summary and Exercises
Chapter 15: Discharge of Obligations
Chapter Introduction
Discharge of Contract Duties
Cases
Summary and Exercises
Chapter 16: Remedies
Chapter Introduction
Theory of Contract Remedies
Promisee’s Interests Protected by Contract
Legal Remedies: Damages
Equitable Remedies
Limitations on Contract Remedies
Cases
Summary and Exercises
Chapter 17: Introduction to Sales and Leases
Chapter Introduction
Commercial Transactions: the Uniform Commercial Code
Introduction to Sales and Lease Law, and the Convention on Contracts for the International Sale of Goods
Sales Law Compared with Common-Law Contracts and the CISG
General Obligations under UCC Article 2
Cases
Summary and Exercises
Chapter 18: Title and Risk of Loss
Chapter Introduction
Transfer of Title
Title from Nonowners
Risk of Loss
Cases
Summary and Exercises
Chapter 19: Performance and Remedies
Chapter Introduction
Performance by the Seller
Performance by Buyer
Remedies
Excuses for Nonperformance
Cases
Summary and Exercises
Chapter 20: Products Liability
Chapter Introduction
Introduction: Why Products-Liability Law Is Important
Warranties
Negligence
Strict Liability in Tort
Tort Reform
Cases
Summary and Exercises
Chapter 21: Bailments and the Storage, Shipment, and Leasing of Goods
Chapter Introduction
Introduction to Bailment Law
Liability of the Parties to a Bailment
The Storage and Shipping of Goods
Negotiation and Transfer of Documents of Title (or Commodity Paper)
Cases
Summary and Exercises
Chapter 22: Intellectual Property
Chapter Introduction
Patents
Trade Secrets
Copyright
Trademarks
Cases
Summary and Exercises
Chapter 23: Antitrust Law
Chapter Introduction
History and Basic Framework of Antitrust Laws in the United States
Horizontal Restraints of Trade
Vertical Restraints of Trade
Price Discrimination: The Robinson-Patman Act
Exemptions
Sherman Act, Section 2: Concentrations of Market Power
Acquisitions and Mergers under Section 7 of the Clayton Act
Cases
Summary and Exercises
Chapter 24: Unfair Trade Practices and the Federal Trade Commission
Chapter Introduction
The Federal Trade Commission: Powers and Law Governing Deceptive Acts
Deceptive Acts and Practices
Unfair Trade Practices
Remedies
Cases
Summary and Exercises