Instructor Manual for Business Law Principles and Practices 9th Edition by Arnold Goldman, William Sigismond ISBN 1305134994 9781305134990

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ISBN 10: 1305134994
ISBN 13: 9781305134990
Author: Arnold Goldman, William Sigismond

Instructor’s Manual for Business Law Principles and Practices 9th Edition Table of contents:

Part 1. Understanding Your Legal Environment

Chapter 1. Foundations of Law and the Role of Ethics in Business

Why Laws Are Important

The Nature of Law

The Legitimate Functions of Law

Settlement of Disputes

Protection of the Individual and Society

Protection of Property

Promotion of Worthwhile Social Objectives

Development of Law

Roman Law

Common Law

Sources of Law in the United States

Constitutions

Statutes

Court Decisions

Administrative Regulations

Civil Law Versus Criminal Law

Uniform Laws

The Impact of Unethical Behavior in the Workplace

Business Ethics

The Role of Ethics in a Business Setting

Ethical Challenges in the Workplace

Role of Managers

Ethical Issues Faced by Managers

Building Sound Ethical Practices

Development of Business Codes of Ethics

The Role of the Legal System in Ethical Disputes

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Chapter 2. The Legal System in the United States and Its Constitutional Foundation

The Role of the Judiciary in the United States

Structure of the U.S. Judiciary

Jurisdiction

Subject Matter Jurisdiction

Personal Jurisdiction

Jurisdiction in Cyberspace

The State Court System

Trial Courts of Limited Jurisdiction

Small Claims Court

How to Make a Winning Case in Small Claims Court

Commercial Claims Court

Other Trial Courts of Limited Jurisdiction

Trial Courts of General Jurisdiction

Intermediate Appellate Courts and the Court of Final Resort

Drug Courts

Mental Health Courts

The Federal Court System

The Federal Court Structure

Federal Trial Courts

Intermediate Courts of Appeal

The U.S. Supreme Court

Participants in the Legal System

The Role of the Attorney

The Role of the Judge and the Jury

The Constitutional Framework of the U.S. Legal System

Separation of Powers

Judicial Review

Accommodation of Interests

Litigation

Constitutional Rights—The Bill of Rights

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Chapter 3. Personal, Business, Cyber Crimes and the American Criminal Justice System

Prologue

Nature of Criminal Law

Classification of Crimes

State and Federal Criminal Laws

Selected Personal and Business Crimes

Assault

Robbery

Arson

Burglary

Theft

Identity Theft

Driving While Drunk

Cyber Crime

Significant Legislation Affecting Cyber Crimes

RICO: Racketeer Influenced and Corrupt Organizations Act

Defenses to Criminal Charges

Infancy

Insanity

Under the Influence

Duress

Self-Defense

Entrapment

Mistake Based on Wrong DNA Evidence

The American Criminal Justice System: The Process

Investigation and Arrest

Booking and Bail

Initial Hearing

Preliminary Hearing

Grand Jury Proceedings—Indictment or Information

Arraignment and Plea

Pretrial Proceedings

Trial

Sentencing

Appeal

Corrections

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 4. Tort Law: Traditional Torts and Cyber Torts

An Overview of Tort Law

Classification of Torts

Intentional Torts

Assault and Battery

False Imprisonment

Infliction of Emotional Distress

Defamation: The Libel/Slander Distinction

Invasion of Privacy

Wrongful Death

Malicious Prosecution

Fraud

Interference with a Business Relationship

Trespass

Conversion

Nuisance

Theft of Trade Secrets

Defenses to Intentional Torts

Unintentional Torts (Negligence)

Defense Strategies that Bar or Limit a Lawsuit for Negligence

Contributory Negligence

Comparative Negligence

Assumption of Risk

Strict Liability in Tort

Cyber Torts

Online Defamation

Online Privacy

Legal Remedies for Torts

Tort Litigation Reform

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 5. Litigation and Alternatives for Settling Civil Disputes

Prologue

Exploring a Personal Injury Lawsuit

Investigation

Decision to Sue and Establishment of Attorney’s Fees

Anatomy of a Lawsuit

How a Lawsuit Begins: Summons, Complaint, Answer

Pretrial Proceedings: Motion, Summary Judgment, Discovery, Pretrial Conference

Jury Selection and Trial

Posttrial Proceedings: Appeal

Alternatives for Settling Disputes

Arbitration

Mediation

Minitrials

The Summary Jury Trial

Private Trial

Negotiation

Online Dispute Resolution

Electronic Filing

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Part 2. Contracts

Chapter 6. Contract Law: A Beginning

What Is a Contract?

The Elements of a Valid Contract

Contract Terminology

Bilateral and Unilateral Contracts

Valid, Void, Voidable, and Unenforceable Contracts

Formal and Informal Contracts

Express and Implied Contracts

Executory and executed Contracts

Sources of Contract Law

Common Law

Uniform Commercial Code

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 7. Agreement: Offer and Acceptance

How Agreement is Reached

The Offer

Offer Must Be Seriously Intended

Offer Must Be Communicated

Invitations to Make Offers

How an Offer Ends

The Acceptance

Acceptance Only by Offeree

Acceptance Must Agree with the Offer

Acceptance Must Be Communicated to the Offeror

Fax and E-mail Transmission

Silence as Acceptance

Forming Contracts Online

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 8. Consideration

The Requirement of Consideration

The Nature of Consideration

Adequacy of Consideration

Moral Consideration

Past Consideration

Special Problems Relating to Consideration

Preexisting Contractual Agreement

Preexisting Duty to Pay a Debt

Preexisting Duty to Perform a Legal Obligation

Agreements Enforceable Without Consideration

Promises to Charitable Organizations

Promissory Estoppel

Promises Involving the Statute of Limitations

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 9. Capacity

Capacity to Contract

A Minor’s Rights and Obligations

Overview

Minors’ Right to Disaffirm a Contract

Exceptions to a Minor’s Right to Disaffirm a Contract

Minors’ Right to Ratify a Contract

Misrepresentation of Age by a Minor

Minors’ Liability for Necessaries

Parents’ Liability for Minors’ Contracts

Minors’ Liability for Torts

Persons Under the Influence of Alcohol or Other Drugs

Mentally Incompetent Persons

Mental Incompetence Determined by a Court

Mental Incompetence Not Determined by a Court

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 10. Legality

The Nature and General Effect of Illegal Contracts

Exceptions to Effect of Illegality

Types of Illegal Contracts

Contracts Forbidden by State Statutes

Contracts to Commit a Crime or a Tort

Contracts That Violate Licensing Statutes

Contracts That Violate Gambling Statutes

Contracts That Violate Usury Statutes

Contracts That Violate Sunday Statutes

Contracts That Oppose Public Policy

Contracts That Disclaim Liability for Negligence

Contracts That Interfere with the Administration of Justice

Contracts That Interfere with the Performance of a Public Duty

Contracts That Harm Family Life

Contracts in Restraint of Trade

Contracts That Create a Monopoly or Limit Competition

Contracts That Are Unconscionable

Partially Illegal Contracts

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 11. Memorialize Contracts in Writing—Statute of Frauds

The Status of Oral and Written Contracts

Contracts Required to Be in Writing

A Contract to Personally Pay the Debt of Another Person

A Contract to Personally Pay the Debt of a Deceased Person

A Contract Involving the Sale of an Interest in Real Property

A Contract Made in Consideration of Marriage

A Contract That by Its Terms Cannot Be Performed Within One Year from the Date the Contract Was Formed

The Sufficiency of the Written Record

Electronic Signatures

Parol Evidence Rule

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 12. Transfer of Contract Rights and Duties

Transfer of Rights and Duties

Assignment of Rights

Rights of the Assignee

Notice of Assignment

Delegation of Duties

Rights and Duties That Cannot Be Transferred Without Consent

Formalities Required for Assignments

Assignment by Law

Legal Effect of a General Assignment

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 13. The Termination of Contracts: Discharge

Discharge by Full Performance

Discharge by Substantial Performance

Performance to the Personal Satisfaction of Another

Discharge by Agreement of the Parties

Rescission

Novation

Accord and Satisfaction

Discharge by Operation of Law

Impossibility or Impracticability

Bankruptcy

Statute of Limitations

Material Alteration of a Written Contract

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 14. The Termination of Contracts: Breach of Contract

Breach of Contract

Remedies for Breach of Contract

Legal Remedies

Equitable Remedies

Defenses for a Breach of Contract Suit

Fraud

Duress

Undue Influence

Mistake

Effect of Fraud, Duress, and Undue Influence on a Contract

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Part 3. Purchase, Sale, and Lease of Goods Under the UCC

Chapter 15. Formation of Sales and Lease Contracts

The Legal Setting for a Sale of Goods Under the UCC

Basic Concepts and Terms Associated With Article 2 of the UCC

Formation and Development of the Sales Contract Under the UCC

Offer

Acceptance

Consideration

Statute of Limitations

Statute of Frauds

Enforceable Oral Sales Contracts

The Doctrine of Unconscionability Under the UCC

The Parol Evidence Rule Under the UCC

Formation of the Lease Contract Under the UCC

Electronic Transactions—Forming and Enforcing Sales Contract Online

Enforcing Contracts Online

Writing Requirement

Signature Requirement

Mistakes in Electronic Communications

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 16. The Sales Contract: Transfer of Title and Risk of Loss

Relevance of Title and Risk of Loss in Sales Law

Present Sale Versus Contract to Sell

Risk of Loss in Absence of a Breach

Delivery Without Movement of the Goods

Delivery with Movement of the Goods—Carrier Cases

Sales on Approval or Return

Bulk Sales

Sales or Leases by Nonowners

Seller Had a Void Title

Seller Had a Voidable Title

Merchant Was Given Temporary Possession—Entrustment Rule

Risk of Loss Where There Is a Breach of Contract

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 17. The Sales Contract: Performance, Breach, and Remedies for Breach

Performance Obligations Under the Sales Contract

Performance by the Seller

Perfect Tender Rule

Exceptions to the Perfect Tender Rule

Performance by the Buyer

UCC Requirements in Anticipation of a Breach of Contract

Remedies for Breach Available to the Buyer

Sue for Breach of Warranty

Cancel the Contract and Cover

Cancel the Contract and Sue for Damages

Seek Specific Performance or Replevin

Remedies for Breach Available to the Seller

Cancel the Contract

Resell the Goods and Sue for Damages

Sue to Recover the Purchase Price

Sue to Recover Damages for Nonacceptance

Withhold Delivery of the Goods

Reclaim the Goods from the Buyer

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 18. Product Liability Law

Product Liability Law: An Overview

Product Defects: Types and Characteristics

Development of Product Liability Law in the United States

Negligence

Warranty Liability

Express Warranties

Implied Warranties

Warranty of Title

Exclusion of Warranties

Breach of Warranty

Overlapping of Warranties

Strict Liability

Magnuson-Moss Warranty Act

Consumer Misuse of Product–Implications

Damages Recoverable in a Product Liability Case

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Part 4. Negotiable Instruments

Chapter 19. Nature and Types of Negotiable Instruments

Negotiable Instruments—Critical to Our economy

Negotiable Instruments—Types and Uses

Promissory Notes and Certificates of Deposit: Promises to Pay

Drafts and Checks: Orders to Pay

Requirements for Negotiability

Written Form

Signature

Unconditional Promise or Order to Pay

Fixed Amount of Money

Payable on Demand or at a Definite Time

Payable to Order or Bearer

Contain No Understanding or Instructions Beyond the Promise or Order to Pay

Drawee Named with Reasonable Certainty

Added Language and Omissions Not Affecting Negotiability

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 20. Issue, Transfer, Indorsement, and Discharge of Negotiable Instruments

The Issue and Transfer of Negotiable Instruments

Transfer by Assignment

Transfer by Negotiation

Indorsements

Blank Indorsement

Special Indorsement

Restrictive Indorsement

Qualified Indorsement

Discharge of Negotiable Instruments

Payment

Alteration

Statute of Limitations

Bankruptcy

Cancellation

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 21. Rights and Duties of Parties

Liability of Parties to a Negotiable Instrument—Signature Liability

Primary Parties

Secondary Parties

Presentment for Payment

Dishonor of Instrument

Notice of Dishonor

Unauthorized Signatures

The Transition from Holder to Holder in Due Course

For Value

In Good Faith

Without Knowledge That the Instrument Is Defective

Holder Through a Holder in Due Course: The Shelter Principle

Defenses

Personal (Limited) Defenses

Universal (Real) Defenses

Lack of Legal Capacity

Diminishing the HIDC Status

Accommodation Parties

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 22. Checks and the Banking System in the Twenty-First Century

Checks—A New Beginning

The Bank-Customer Relationship

Contractual Relationship

Debtor-Creditor Relationship

Principal-Agent Relationship

Duty of a Bank to Honor Checks

Postdated Checks

Stop-Payment Order

Bank’s Liability for Wrongful Payment of a Check

Alteration of a Check

Forgery of a Drawer’s Signature

Forgery of an Indorsement

Missing Indorsement

Death or Incompetence of the Depositor

Obligations of a Depositor

Special Types of Checks

Certified Checks

Cashier’s Checks

Traveler’s Checks

Availability of Funds from Deposited Checks

Check Processing—Pre-Twenty-First Century

Check Processing—Twenty-First Century

Substitute Check

Electronic Funds Transfer

Online Banking

E-Money

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Part 5. Agency, Employment, and Labor Law

Chapter 23. Employer-Employee Relationship

The Employment Process

Creation of the Employer-Employee Relationship

Employee/Independent Contractor

Rights of Employers

Rights of Employees

Access to Personnel Records

Labor-Management Relations

Terminating the Employer-Employee Relationship

Termination in Violation of Law

Termination That Goes Against a Well-Defined Public Policy

Termination Prohibited Based on an Implied Contract Term

Discharge Affected by Employee Policies and Practices

Termination Prohibited Because of Wrongful Employer Acts (Torts)

Termination Prohibited if Not Done in Good Faith

Legislation Affecting Employer-Employee Relations

Labor-Management

Employment Discrimination

Sexual Harassment

Defenses

Legislation Affecting Employees’ Health and Privacy

Health and Safety

Privacy

Employee Protection: The Disabled, Retired, and Unemployed

Pension Protection

Health Insurance Protection

Wages, Hours, and Minors

Family and Medical Leave

Health Insurance Portability and Accountability Act (HIPAA)

Veteran’s Benefits

The Hiring of Aliens

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 24. Principal-Agent Relationship

The Agency Concept

Classification of Agents

General Agents

Special Agents

Gratuitous Agents

Who May Serve as Principal and Agent

Relationships Similar to Agencies

Employer-Employee

Independent Contractor

Creation of the Principal-Agent Relationship

By Contract

By Appearance

By Ratification

By Necessity

Obligations of the Agent to the Principal

Obedience

Loyalty

Reasonable Skill

Accurate Accounting

Communication

Obligations of the Principal to the Agent

Compensation

Reimbursement

Indemnification

Safe Working Conditions

Cooperation

Termination of the Principal-Agent Relationship

Fulfillment of Purpose or Lapse of Time

Mutual Agreement

Revocation of Authority

Renunciation by the Agent

Operation of Law

Subsequent Destruction or Illegality

Notifying Third Parties of the Termination

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 25. Principal-Agent, Employer-Employee, and Third-Party Relationships

Liability of Principal and Employer to Third Parties

Contract Liability of Principal

Tort Liability of Principal and Employer

Liability of Agent and Employee to Third Parties

Contract Liability of Agent

Tort Liability of Agent and Employee

Criminal Liability of Principal, Agent, Employer, and Employee

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Part 6. Business Organization and Regulation

Chapter 26. Sole Proprietorships, Partnerships, and Limited Liability Organizations

Forms of Business Ownership

The Sole Proprietorship

The Partnership

Types of Partners and Partnerships

Forming a Partnership

Operation of a Partnership

Termination of the Partnership

Buy-Sell Agreements

Limited Partnership

Forming a Limited Partnership

Role, Rights, and Liability of the Partners

Dissolution

Limited Liability Company

Limited Liability Partnership

Other Forms of Business Organization

Joint Venture

Syndicate

Cooperative

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 27. Corporations and Franchising

Nature of a Corporation

Profit Corporations

Nonprofit Corporations

Forming a Corporation

Articles of Incorporation

Ownership of a Corporation

Rights of Stockholders

Liabilities of Stockholders

Financing a Corporation

Equity: Common and Preferred Stock

Debt: Bonds and Loans

Managing a Corporation

Powers and Liabilities of a Corporation

Powers, Duties, and Liabilities of Directors

Powers, Duties, and Liabilities of Officers

Terminating a Corporation

Purchase of Assets and Stock

Purchase of Assets

Purchase of Stock

Advantages and Disadvantages of Corporations

Investor Protection

Franchising

Licensing

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 28. Government Regulation of Business

The Need for Government Regulation

The Authority of Government to Regulate Business

Areas of Government Regulation

Preventing Monopolies

Maintaining Fair Competition

Taxing Business

Regulating Crucial Industries

Regulating Securities

Regulating Corporate Conduct

Preserving the General Welfare and the Environment

How Government Regulations Are Enforced

Limitations on Agency Powers

Licensing and Liability of Professionals

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Part 7. Real and Personal Property, ailments, and Wills and Estate Planning

Chapter 29. Basic Legal Concepts of Property

The Nature of Property

Personal Property

Real Property

Easements, Licenses, and Profits

Acquiring Real and Personal Property

Purchase

Gift or Inheritance

Abandonment

Lost Property

Mislaid Property

Adverse Possession

Accretion

Condemnation

Acquiring Rights in Personal Property

Patents

Trademarks

Copyrights

Protection Against Infringement

Computer Technology and Cyberlaw

Forms of Property Ownership

Tenancy

Community Property

Cooperative Ownership

Condominium Ownership

Time-Sharing

Interests an Owner May Have in Real Property

Restrictions on the Use of Real Property

Restrictive Covenants

Easements

Zoning Laws and Regulations

Wills

Taxes

Eminent Domain

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 30. Renting Real Property

The Landlord-Tenant Relationship

Types of Tenancies

Tenancy for Years

Periodic Tenancy

Tenancy at Will

Tenancy at Sufferance

Nature and Elements of a Lease

Unconscionability

Factual Information

Rights and Duties

Destruction of the Property

Nondiscrimination

How a Lease Is Terminated

Obligations to Third Parties

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 31. Buying and Selling Real Property

The Buying and Selling Process

Contract of Sale

Financing

Title Examination

The Closing

Disclosure

Transfer of Title

The Quitclaim Deed

The Bargain and Sale Deed

The Warranty Deed

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 32. Nature and Types of Bailments

What Is a Bailment?

Requirements for a Valid Bailment

Personal Property

Retention of Title by the Bailor

Possession of Property by the Bailee

Return of Bailed Property

How a Bailment Is Created

Bailment Implied in Fact

Bailment Implied by Law

How a Bailment Ends

Completion

Mutual Agreement

Acts of the Parties

Destruction of the Bailed Property

Operation of Law

Situations Similar to Bailments

Classification and Types of Bailments

Mutual Benefit Bailments

Renting

Work and Services

Pledging

Consigning

Storage and Parking

Gratuitous Bailments

Bailments for the Sole Benefit of the Bailor

Bailments for the Sole Benefit of the Bailee

Constructive Bailments

Bailments of Lost Property

Bailments by Necessity

Limiting Liabilities: Disclaimers

Special Bailments

Exceptions to the Rule of Strict Liability

Agreement to Limit Liability

Act of God

Act of a Public Enemy

Act of Public Authorities

Fault of the Bailor or Guest

Nature of the Bailed Goods

Duties, Liabilities, and Rights of Hotelkeepers

Duties of a Hotelkeeper

Liabilities of a Hotelkeeper

Rights of a Hotelkeeper

Duties, Liabilities, and Rights of Common Carriers

Duties of a Common Carrier

Liabilities of a Common Carrier

Rights of a Common Carrier

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 33. Wills, Intestacy, and Estate Planning

The Purpose of a Will

Requirements of a Valid Will

Testamentary Capacity

Freedom from Duress, Fraud, and Undue Influence

Written Form

Witnesses

Special Wills

Holographic Wills

Nuncupative Wills

Limitations on Disposing of Property by Will

Making a Will

Changing or Revoking a Will

Administering a Will

Probating the Will

Administering the Estate

Settling the Estate

Intestacy

Living Wills and Health Care Proxies

The Need for Estate Planning

Taxes and Estate Planning

Gifts

The Marital Deduction

Trusts

Developing an Estate Plan

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Part 8. Consumer and Creditor Protection

Chapter 34. Protecting the Consumer and the Taxpayer

The Need for Consumer Protection

Regulation of Business Practices

The Right to Fair Advertising

The Right to Fair Pricing

The Right to Refuse Unordered Goods

The Right to Cancel Certain Contracts

The Right to Understandable Written Contracts

Truth in Savings Accounts

Product Standards

The Right to Safe Merchandise

The Right to Proper Labeling and Packaging

The Right to Purchase Quality Vehicles

Remedies for Violations of Consumer Protection Laws

Rights of the Air Traveler

Overbooking of Flights

Flight Delays

Liability for Lost, Delayed, or Damaged Baggage

Liability on International Flights

Rights of the Taxpayer

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 35. Protecting the Borrower

The Use of Credit

Types of Credit

Charge Accounts

Installment Loans

Bank Loans

The Right to Obtain Credit

The Right to Know What Credit Costs

The Right to Fair Credit Information

The Right to Accurate Billing

The Right to Fair Debt Collection

The Right to Fair Leasing Information

The Right to Legal Interest Charges

The Right to Be Relieved from Debt

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 36. Protecting the Creditor

Protecting Creditors’ Rights

The Right to Be Paid

Unsecured Debts

Secured Debts

Other Methods of Protecting Creditors’ Rights

Suretyship

Guaranty

Remedies for Debtor’s Default

Security Interests Created by Law

Mechanic’s Lien

Tax Lien

Judgment Lien

Artisan’s Lien

Hotelkeeper’s Lien

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Part 9. Insurance

Chapter 37. Property, Casualty, and Automobile Insurance

The Nature of Insurance

Purchasing Insurance

The Insurance Policy

When Protection Begins

Insurable Interest

Exclusions

Amount of Coverage

Deductible Clause

Claims

Property and Casualty Insurance

Fire

Burglary and Theft

Personal and Public Liability

Marine

All-Risk

Multiperil

Standard Clauses in Policies

Coverage

Removal of Property

Vacancy

Pro-Rata Liability

Increase in Risk

Coinsurance

Insurable Interest

Cancellation and Termination

Assignment

The Need for Automobile Insurance

Types Of Automobile Insurance Coverage

Bodily Injury Liability

Property Damage Liability

Medical Payments

Uninsured Motorists

Collision

Comprehensive Physical Damage

Who Is Covered by Automobile Insurance

No-Fault Insurance

How Premiums Are Determined

Cancellation of Automobile Insurance

What to Do If You’re Involved in an Accident

At the Time of the Accident

After the Accident

When to Consult an Attorney

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Chapter 38. Personal Insurance

The Need for Personal Insurance

Life Insurance

Whole Life Insurance

Endowment Insurance

Term Insurance

Insurance for Special Purposes

Insurable Interest

Standard Policy Clauses

How Life Insurance Proceeds Are Paid

Health Insurance

Medical, Surgical, and Hospital Insurance

Major Medical Insurance

Medicare and Medicaid

Disability Income Insurance

Dental Expense Insurance

Long-Term Care Insurance

Key Points in Chapter

Important Legal Terms

Questions and Problems for Discussion

Cases for Review

Appendix A. Understanding Statutes and Court Decisions

Appendix B. Doing Legal Research on the Internet

Appendix C. Comparison Between Contract Law Under the Common Law and Sales Law Under the UCC

Appendix D. The Constitution of the United States

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