Legal Aspects of Marketing and Sales | Don Mayer, Daniel Warner, George Siedel, and Jethro K. Lieberman

- 1Introduction to Law and Legal Systems
  - 1.1What Is Law?
  - 1.2Schools of Legal Thought
  - 1.3Basic Concepts and Categories of US Positive Law
  - 1.4Sources of Law and Their Priority
  - 1.5Legal and Political Systems of the World
  - 1.6A Sample Case
  - 1.7Summary and Exercises
- 2Corporate Social Responsibility and Business Ethics
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  - 2.1What Is Ethics?
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  - 2.2Major Ethical Perspectives
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  - 2.3An Ethical Decision Model
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  - 2.4Corporations and Corporate Governance
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  - 2.5Summary and Exercises
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- 3Courts and the Legal Process
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  - 3.1The Relationship between State and Federal Court Systems in the United States
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  - 3.2The Problem of Jurisdiction
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  - 3.3Motions and Discovery
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  - 3.4The Pretrial and Trial Phase
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  - 3.5Judgment, Appeal, and Execution
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  - 3.6When Can Someone Bring a Lawsuit?
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  - 3.7Relations with Lawyers
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  - 3.8Alternative Means of Resolving Disputes
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  - 3.9Cases
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- 4Constitutional Law and US Commerce
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  - 4.1Basic Aspects of the US Constitution
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  - 4.2The Commerce Clause
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  - 4.3Dormant Commerce Clause
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  - 4.4Preemption: The Supremacy Clause
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  - 4.5Business and the Bill of Rights
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  - 4.6Cases
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  - 4.7Summary and Exercises
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- 5Administrative Law
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  - 5.1Administrative Agencies: Their Structure and Powers
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  - 5.2Controlling Administrative Agencies
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  - 5.3The Administrative Procedure Act
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  - 5.4Administrative Burdens on Business Operations
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  - 5.5The Scope of Judicial Review
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  - 5.6Cases
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  - 5.7Summary and Exercises
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- 6Criminal Law
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  - 6.1The Nature of Criminal Law
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  - 6.2Types of Crimes
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  - 6.3The Nature of a Criminal Act
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  - 6.4Responsibility
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  - 6.5Procedure
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  - 6.6Constitutional Rights of the Accused
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  - 6.7Cases
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  - 6.8Summary and Exercises
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- 7Introduction to Tort Law
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  - 7.1Purpose of Tort Laws
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  - 7.2Intentional Torts
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  - 7.3Negligence
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  - 7.4Strict Liability
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  - 7.5Cases
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  - 7.6Summary and Exercises
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- 8Introduction to Contract Law
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  - 8.1General Perspectives on Contracts
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  - 8.2Sources of Contract Law
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  - 8.3Basic Taxonomy of Contracts
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  - 8.4Cases
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  - 8.5Summary and Exercises
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- 9The Agreement
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  - 9.1The Agreement in General
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  - 9.2The Offer
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  - 9.3The Acceptance
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  - 9.4Cases
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  - 9.5Summary and Exercises
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- 10Real Assent
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  - 10.1Duress and Undue Influence
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  - 10.2Misrepresentation
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  - 10.3Mistake
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  - 10.4Capacity
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  - 10.5Cases
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  - 10.6Summary and Exercises
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- 11Consideration
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  - 11.1General Perspectives on Consideration
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  - 11.2Legal Sufficiency
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  - 11.3Promises Enforceable without Consideration
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  - 11.4Cases
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  - 11.5Summary and Exercises
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- 12Legality
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  - 12.1General Perspectives on Illegality
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  - 12.2Agreements in Violation of Statute
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  - 12.3Bargains Made Illegal by Common Law
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  - 12.4Effect of Illegality and Exceptions
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  - 12.5Cases
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  - 12.6Summary and Exercises
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- 13Form and Meaning
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  - 13.1The Statute of Frauds
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  - 13.2The Parol Evidence Rule
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  - 13.3Interpretation of Agreements: Practicalities versus Legalities
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  - 13.4Cases
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  - 13.5Summary and Exercises
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- 14Third-Party Rights
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  - 14.1Assignment of Contract Rights
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  - 14.2Delegation of Duties
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  - 14.3Third-Party Beneficiaries
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  - 14.4Cases
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  - 14.5Summary and Exercises
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- 15Discharge of Obligations
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  - 15.1Discharge of Contract Duties
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  - 15.2Cases
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  - 15.3Summary and Exercises
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- 16Remedies
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  - 16.1Theory of Contract Remedies
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  - 16.2Promisee’s Interests Protected by Contract
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  - 16.3Legal Remedies: Damages
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  - 16.4Equitable Remedies
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  - 16.5Limitations on Contract Remedies
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  - 16.6Cases
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  - 16.7Summary and Exercises
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- 17Introduction to Sales and Leases
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  - 17.1Commercial Transactions: the Uniform Commercial Code
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  - 17.2Introduction to Sales and Lease Law, and the Convention on Contracts for the International Sale of Goods
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  - 17.3Sales Law Compared with Common-Law Contracts and the CISG
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  - 17.4General Obligations under UCC Article 2
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  - 17.5Cases
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  - 17.6Summary and Exercises
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- 18Title and Risk of Loss
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  - 18.1Transfer of Title
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  - 18.2Title from Nonowners
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  - 18.3Risk of Loss
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  - 18.4Cases
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  - 18.5Summary and Exercises
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- 19Performance and Remedies
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  - 19.1Performance by the Seller
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  - 19.2Performance by Buyer
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  - 19.3Remedies
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  - 19.4Excuses for Nonperformance
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  - 19.5Cases
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  - 19.6Summary and Exercises
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- 20Products Liability
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  - 20.1Introduction: Why Products-Liability Law Is Important
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  - 20.2Warranties
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  - 20.3Negligence
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  - 20.4Strict Liability in Tort
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  - 20.5Tort Reform
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  - 20.6Cases
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  - 20.7Summary and Exercises
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- 21Bailments and the Storage, Shipment, and Leasing of Goods
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  - 21.1Introduction to Bailment Law
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  - 21.2Liability of the Parties to a Bailment
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  - 21.3The Storage and Shipping of Goods
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  - 21.4Negotiation and Transfer of Documents of Title (or Commodity Paper)
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  - 21.5Cases
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  - 21.6Summary and Exercises
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- 22Intellectual Property
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  - 22.1Patents
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  - 22.2Trade Secrets
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  - 22.3Copyright
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  - 22.4Trademarks
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  - 22.5Cases
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  - 22.6Summary and Exercises
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- 23Antitrust Law
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  - 23.1History and Basic Framework of Antitrust Laws in the United States
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  - 23.2Horizontal Restraints of Trade
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  - 23.3Vertical Restraints of Trade
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  - 23.4Price Discrimination: The Robinson-Patman Act
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  - 23.5Exemptions
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  - 23.6Sherman Act, Section 2: Concentrations of Market Power
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  - 23.7Acquisitions and Mergers under Section 7 of the Clayton Act
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  - 23.8Cases
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  - 23.9Summary and Exercises
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- 24Unfair Trade Practices and the Federal Trade Commission
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  - 24.1The Federal Trade Commission: Powers and Law Governing Deceptive Acts
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  - 24.2Deceptive Acts and Practices
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  - 24.3Unfair Trade Practices
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  - 24.4Remedies
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  - 24.5Cases
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  - 24.6Summary and Exercises
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