DOCUMENT RESUME ED 086 879 CE 000 916 Batten, … · Sales. 4. Lesson 3 Bailments, Agency, and Employment. 7. ... review of basic information in business. law: contracts, sales, bailments

DOCUMENT RESUME

ED 086 879 CE 000 916

AUTHOR Batten, Marion N.; Wakin, BerthaTITLE Business and Public Policy; Instructor's Guide for an

Adult Course. Part II in a Series of Preparation forCertified Professional Secretary Examination.

INSTITUTION New York State Education Dept., Albany. Bureau ofContinuing Education Curriculum Development.

PUB DATE 73NOTE 44p.

EDRS PRICE MF-$0.65 HC-$3.29DESCRIPTORS Adult Education; Business Education; *Business

Subjects; Certification; *Law Instruction; LessonPlans; *Office Occupations Education; Secretaries;*Teaching Guides

IDENTIFIERS New York State

ABSTRACTOne of six courses to cover the six pa:ts of the

Certified Professional Secretary Examination, this course in businessand public policy is appropriate for use in adult education programs,secondary schools, and community colleges of New York State. It isrecommended that specific cases be used with each of the ten lessonsto exemplify the major principles involved. The areas covered by thelessons include: contracts; sales; bailments, agency, and employment;negotiable instruments; insurance; real and personal property, wills,and inheritance; government protection of business; governmentregulation of business; and law enforcement. For each lessonobjectives are stated, the lesson content is outlined, and teachingsuggestions and references are provided. (AG)

NSTRUCTOR'S GUIDE FOR AN ADULT COURSE

JSINESS

D PUBLIC

LICY

II in a Series

reparation for

IFIED PROFESSIONAL SECRETARY

amination

U S DEPARTMENT OF HEALTH.EDUCATION & WELFARENATIONAL INSTITUTE OF

EDUCATIONTHIS DOCUMENT HAS FIEtN REPROOJCED EXACTLY AS RECEIVED IROMTHE PIN1[114,1*( C.,G4htlAT.:1ArNC, IT P015 TS OF VILW OR OPINIONS.FATED DO NOT NE C CSSARILV WI-PRE

SI or:- vm. NATIONAL INSTITUTE OfL11,CATION POSITION OR P111 IPS

THE UNIVERSITY OF THE STATE OF NEW YORK/THr STATE EDUCATION DEPARTMENT

U OF CONTINUING EDUCATION CURRICULUM DEVELOPMENT/ALBANY, NEW YORK 12224

ASSOCIATE COMMISSIONER FORRESEARCH AND EJ ALUATION

THE UNIVERSITY OF THE STATE OF NEW YORKTHE STATE EDUCATION DEPARTMENT

ALBANY, NEW YORK 12224

DIVISION OF RESEARCH

Educational Programs and StudiesInformation Service

518: 474-3759

New York State ERIC Input Service

National Institute for EducationDissemination Task Force (Central ERIC)Code 401

Washington, D.C. 20202

Gentlemen:

Enclosed are two copies of a document acquired by the New York StateERIC Input Agent.

This document is being forwarded to you for routing to the appropriateclearinghouse and inclusion in Research in Education.

Please insure that the attached "Reply Card" is forwarded to theclearinghouse so they may notify us of the disposition of the document.This enables us to notify the author concerning the availability of thisdocument through ERIC.

If accepted for inclusion in ERIC, permission is granted to cite andabstract in RIE, to reproduce in microfiche, and to reproduce paper copyfrom microfiche.

Thank you for considering this document.

Sincerely,

Enclosures

Gre nson, Jr.

Associate in EducationalInformation Services

Part II in a SeriesPreparation for Certified Professional Secretary Examination

I 9 .)Arstn Mess(C g) I C ot _tcy

A SuggesteJ Adult Business EducationCourse

The University of the State of New York

THE STATE EDUCATION DEPARTMENTBureau of Continuing Education Curriculum Development

Albany, New York 12224

1973

THE UNIVERSITY OF THE STATE OF NEW YORK

Regents of the University (with years when terms expire)

1984 Joseph W. McGovern, A.B., J.D., L.II.D., LL.D., D.C.L.Chancellor

1985 Everett J. Penny, B.C.S., D.C.S., Vice Chancellor- - - -

1978 Alexander J. Allan, Jr., LL.D., Litt.D.1987 Carl H. Pforzheimer, Jr.. A.B., M.B.A., D.C.S., H.H.D. -

New YorkWhite PlainsTroyPurchase

1975 Edward M. M. Warburg, B.S., L.H.D. New York1977 Joseph T. King, LL.B. Queens1974 Joseph C. Indelicate, M.D. Brooklyn1976 Mrs. Helen B. Power, A.B., Litt.D., L.II.D., LL.D.- - Rochester1979 Francis W. McGinley, B.S., J.D., LL.D. Glens Falls1986 Kenneth B. Clerk, A.B., M.S., Ph.D., LL.D.,

D.Sc.-L.II.D.,

Hastings onHudson

1983 Harold E. Newcomb, B.A. Owego1981 Theodore M. Black, A.B., Litt.D. Sands Point1988 Willard A. Genrich, LL.B., L.H.D. Buffalo1982 Emlyn I. Griffith, A.B., J.D. Rome

President of the University and Commissioner of EducationEwald B. Nyquist

Executive Deputz" Commissioner of EducationGordon M. Ambach

Deputy commissioner fur Elementary, Secondary, and Continuing EducationThomas D. Sheldon

Associate Commissione, for Instructional ServicesWilliam L. Bitner III

Assistant Commissioner for Instructional Services (General Education)Bernard F. Haake

Director, Division of Curriculum DevelopmentGordon E. Van Hooft

Chief, Bureau of Continuing Education Curriculum DevelopmentHerbert Bothamley

Assistant Commissioner for Occupational EducationRobert S. Seckendorf

Director, Division of Occupational Education InstructionRobert H. Bielefeld

Chief, Bureau of Business EducationHobart H. Conover

The course described in this booklet, Business and Public Policy, isintended as a review for those preparing to take Part II of the CertifiedProfessional Secretary (CPS) examination. This part of the examination,which is given by the National Secretaries Assqciation (International),bears the same title as this booklet. This course can also be used forthose secretaries wishing to update their knowledge in the subject matter.

Information about the CPS examination can be obtained from the head-quarters office of the Institute for Certifying Secretaries, NationalSecretaries Association (International), 616 East 63d Street, Kansas City,Missouri 64110.

Six courses to cover the six parts of the CPS examination were plannedby a committee consisting of the following: Marian N. Batten, CPS,secretary to the manager of Nonexempt Compensation and Benefits, GeneralElectric Company, Schenectady; Hobart H. Conover, chief of the Bureau ofBusiness Education; Carla V. R. Delray, CPS, manager of Office Services andCorporate Planning Administration, Mohasco Industries, Amsterdam; Adrian C.Gonyea, dean, School of Business, Hudson Valley Community College, Troy;E. Noah Gould, associate, Bureau of Continuing Curriculum; Florence E.Graham, chairman, Business Education Department, Draper High School,Rotterdam; Margaret A. McKenna, associate professor of business education,State University of New York at Albany; B. Bertha Wakin, professor ofbusiness education, State University of New York at Albany; and EugeneWhitney, associate, Bureau of Business Education. Mr. Gould and Mr. Whitneywere cochairmen.

This course, Business and Public Policy, was written by Miss Batten;revisions were made by Miss Wakin. Miss Wakin also directly supervised thewriting and coordinated the content among the courses in the series. MrGould did the final editing of this manuscript and is in general charge ofthe series.

GORDON E. VAN HOOFT, DirectorDivision of Curriculum Development

ill

HERBERT BOTHAMLEY, ChiefBureau of Continuing Education

Curriculum Development

(I/kJ, tessage to the cJns(ilICLO7

This instructor's guide is intended as an aid in the presentation ofa well_organized course. Since it is a review course, those taking it areexpected to have a good background in the subject content. Upon completionof the course the student will, we hope, have improvec) and refined herknowledge of business law, and will be better equipped to take Part II ofthe CPS examination.

The content of this booklet is suitable for use in the adult educationprograms of school districts and of Boards of Cooperative EducationalServices (BOCES), and in the secondary schools and community colleges ofNew York State. The instructor should select cases for use in the coursewhich will apply the major principles covered. It is strongly recommendedthat one class session be held in a county law library to give the studentssome feeling for law books and other references on business law. Instructorsshould urge the students to bring in current items from newspapers and othersources which might have bearing on course content.

In a course dealing with law, discussion of cases is important, if notessential. The references given in each lesson of this course containcases which can be used for Class discussion. Also, Lesson 10 lists manycases keyed'to Lessons 1 through 9. We recommend that some of these casesbe used with each lesson as it is covered in class, and that others be usedat the end of the course for a general review.

The content of this course can generally be covered in 10 sessions of3 hours each, but this pattern is by no means universal, nor is it mandatoryin any sense. For those students who wish to cover some topics in greaterdepth, the instructor may wish to suggest materials for independent study.

The instructor should have some background in business law. Such aperson might be a lawyer, a business law instructor in college or highschool, or a Certified Professional Secretary who is especially well trainedand experienced in legal principles.

An instructor or administrator who needs help in planning or conductinga course using this publication may contact the Bureau of Business Education.

HOBART H. CONOVER, ChiefBureau of Business Education

ROBERT H. BIELEFELD, DirectorDivision of Occupational Education Instruction

iv

on

Page

Foreword iii

Message to the Instructor iv

Lesson 1 Introduction and Review of Contracts 1

Lesson 2 Sales 4

Lesson 3 Bailments, Agency, and Employment 7

Lesson 4 Negotiable Instruments 12

Lesson 5 Insurance 14

Lesson 6 Real and Personal Property, Wills,and Inheritance 17

Lesson 7 Government Protection of Business 20

Lesson 8 Government Regulation of Business 22

Lesson 9 Law Enforcement 27

Lesson 10 Overall Review 32

Bibliography 37

Cesson

(911roduelion and ...C-Review of Con bads

OBJECTIVES

At the end of this lesson, the student should:Understand the meaning, purpose, and importance of contracts in modern

business life,

Be able toExplain the basic elements of a contract,Determine the rights and responsibilities of parties to a contract,Explain and define the various types of contracts, andApply this information to the solving of selected case problems.

CONTENT OUTLINE TEACHING SUGGESTIONS AND REFERENCES

Introduction to the Course

A. Course purpose

B. Textbooks and references

Introduce yourself and have thestudents introduce themselves bygiving their names, some informationabout their employment and theirreasons for taking the course.

Explain that the purpose of the courseis to review the basic elements ofbusiness law.

The students should have at least ontbasic textbook. Any current businesslaw textbook can be used for assign-ments and reading material. You canuse one of those in the bibliographyor any other you prefer. For ease inreference and assignments, you maywant all class members to use the samebook.

C. Course cjntent

II. Contracts

A. Definition of contracts

B How contracts are made

C. Types of contracts

D. Performance and dischargeof contracts

E. Contracts which must be inwriting

2

State that this course will be areview of basic information in businesslaw: contracts, sales, bailments andagency, employment, negotiableinstruments, real and personal property,wills, and some of the regulatorylegislation which affects theindividual.

Spend about 15 minutes developing thebasic ideas of law and the need forit in our society.

Mention that a review of contractswill be conducted. Explain thatcontracts make up the basic structureon which business is ba.-.ed, and thatother areas of business law areclosely related.

Give a definition of contract: a

legally enforceable agreement betweentwo or more parties which if notcarried out by one party may beenforced in a court of law by theother.

Include a discussion of the basicelements of a contract: mutual assent,competent parties, legal subjectmatter, consideration, and whereapplicable, required form. In thediscussion use several examples ofeach element.

Take up here what constitutes a validoffer, a counteroffer, an acceptance,and an option. Also: who may makean offer, who may accept an offer,and at what point there is a ialidcontract.

Cover the following kinds of contracts:express, implied, quasi-contract,void, voidable, valid, and unenforceable.

Discuss what constitutes an executedand an executory contract.

Include here all those which comeunder the Uniform Commercial Code, suchas sales over $500, and those underthe Statute of Frauds.

F. Breach of contract

Distuss discharge of contracts forreasons such as: impossibility ofperformance, destruction of subjectmatter, death of one of the parties,and mutual mistake.

Go into the question: What constitutesbreach of contract? Include contractsto which the Statute of Limitationsapplies. Also explore remedies forbreach of contract.

References:* Fisk, Unic III; Rosenbergand Ott, Part 3.

After determining the needs of thestudents, select several appropriatecases on contracts from those listedin Lesson 10 and discuss them withthe students. You may also use othercases, such as those found at the endsof chapters in the references.

*Full citations are given in the bibliography.

3

.;.r.esson 9

Sales

OBJECTIVESAfter completion of this lesson,the student should:Be able to

Explain the legal principles underlying sales contracts,Identify both public and private agencies for protection of consumers,Identify the legal characteristics of installment contracts, and

Know the remedies available for breach of a sales contract.


I. Sales ContractsA. Formation of sales contracts Explain the meaning of goods and the

distinction between real and personalproperty.

1. Sale and sales contract Discuss the difference between a saleof goods and a sales contract forgoods manufactured to a special order.

2. Elements of sales contract Expand on the elements of a salescontract including: firm offer, mutualassent, consideration, and competenceof parties. Also go into modificationof contract and reliance on good faithrather than consideration. Include acomparison between a merchant and anonmerchant such as a casual buyer.

3. Form of contract Discuss the form of contract; that is,whether oral or written, as providedin the Statute of Frauds and the UCC.

4

B. Transfer of ownership1. Title and possession

2. Passing of title andrisk of loss

3. Cash and credit salesa. Return of goodsb. Unordered goods

C. Installment sales

1. Installment contracts

2. Breach of contract

D. Warranties1. Kinds

State the meaning of title (or owner-ohiT) and discuss the differencebetween title and possession. Pointout that this difference refers tothe question of who bears the risk ofloss. NOTE: This question will alsobe referred to in Lesson 3 on Bailments.

Ownership is indicated by a bill ofsale, a sales slip, an invoice, a billof lading, or a warehouse receipt.

Discuss further the passing of titleand risk of loss. Note that theseare controlled by the intention ofthe parties. Also include the kindof title a person would have forstolen or lost goods.

Take up cash and credit sales, goodspurchased with the privilege ofreturn (including purchases ontrial and on approval), and unorderedgoods. Explain that a law in NewYork State provides that if unorderedgoods are delivered, the receiver maytreat them as his own. Also coverF.O.B. sales and bulk sales.

Discuss installment sales and securedagreements (or chattel mortgages).Mention that the Uniform CommercialCode (UCC) governs secured transactions.

Bring in examples of installment.contracts and have the students bringin any they wish to. Go over themwith the class and explain the legalprinciples involved in each part.

S

Point out the importance of filing acopy of the installment contract inthe office of the county clerk orother specified office. Go into theprocedures involved in breach of con-tract or default on a contract.Include the rights of the installmentseller and the installment buyer.

Have the students discuss warrantiesincluding: the meaning of warranty,kinds of warranties (express andimplied),examples of actual warrantiesin use, and warranty of merchantabilityunder the UCC.

E. Protection of consumer

F. Remedies for breach ofwarranty

6

Discuss protection of the consumer'sinterest as provided by both publicand private agencies. Include theFood and Drug Administration, theFederal Trade Commission, the newconsumer fraud offices operated inNew York State by the attorney general,and the Better Business Bureau.

Take up remedies for breach of warranty.Remedies of the buyer include: actionfor breach of warranty and for non-delivery of goods, cancellation ofthe contract, and suit for damages.Remedies of the seller include:resale of goods and suit for damages,action for the purchase price, andaction for damages for nonacceptanceof goods.

References: Fisk, Chaps. 17-21;Rosenberg and Ott, Chaps. 14-17.

At this point it would be helpful todiscuss with the students some of thecases for this lesson as listed inLesson 10.

-Lesson

[gailents, (Agency, and employment

OBJECTIVESAfter completion of the section on bailments, the student should be

able to explain:Meaning and importance of the bailment relationship in modern life,Legal differences between sales and bailments of personal property,Legal rights and obligations of the parties in bailment contracts, andStatutes affecting the bailor-bailee relationship, particularly in

public accommodation and transportation.


I. Nature of Bailments Clarify the nature of bailments. Havestudents give examples from theireveryday life; for example, borrowinga typewriter, leaving clothes at thecleaners.

A. Difference between tale and Point out that in a sale title isbailment transferred as well as possession, but

in a bailment only possession is trans-ferred. Discuss the roles of thebailor and the bailee in a bailment.

B. Types of bailments Take up the various types of bailments,such as gratuitous, mutual benefit, andthose involved in services to thegeneral public.

1. Gratuitous bailment A gratuitous bailment is for the solebenefit of either the bailor or the

7

bailee. Examples include the lendingof goods without charge and thestorage of goods as a favor.

2. Mutual benefit bailr,nt A mutual benefit bailment is generallyone that involves personal services,in connection with personal property.Bring out examples, such as: repairof goods, service of goods, storageof goods, and pledging of personalproperty as security.

3. Bailment involved inservices to the public

This type of bailment is related tothe carrying of goods and passengers,and the providing of hotel services.

a. Carriers of goods and Discuss the difference between a commonpassengers carrier of goods and a private carrier.

Bring in the role of governmentalregulatory agencies like the InterstateCommerce Commission (ICC) . Explainthe duties of a common carrier ascompared to a private carrier.

b. Hotels, motels Take up bailments involved in hoteland motel services. Explair the'difference between a guest and a lodger.

C. Rights and duties of bailor Discuss the rights and duties ofand bailee bailors and bailees. Include the

bailee's lien in service cases and inhotel and motel accommodations.

OBJECTIVESAfter completing the section on agency, the student will be able to:

Identify the various types of agencies,Explain who may be a principal and who may be an agent, andRights and responsibilities of principals and agents.

II. Nature of the AgencRelationship

A. Parties

8

Stress the need for agencies in ourmodern business structure. The studentsshould be able to give many examplesof the use of agents in their lives aswell as in business; for example:real estate agents, stock brokers,insurance agents, etc.

Discuss with the class the parties toan agency, who may be an agent, whomay be a principal. Also the differencebetween agency and employment.

B. How an agency is created

C. Kinds of agents

D. Relationship of principaland agent

Be sure the class understands thatmany businesses are carried on by actsof agents: corporations, partnerships,and even single proprietorships.

Point out that an agency can be createdby agreement (or contract), bynecessity, by ratification, by operationof law, and by conduct of the parties.

The students will be able to givemany examples. Also see the references.

Explain general agent and specialagent. Include special agents suchas auctioneers, brokers, and factors.

Discuss the following obligations ofprincipal to agent: compensation,reimbursement, and indemnity.

Also cover the obligations and dutiesof agent to principal: to act asinstructed, to act in good faith, touse judgment and skill, to accountfor the funds of the agency, and toact in person.

E. Obligations of principal to Take up the obligations of principalthird parties to third parties on contracts within

the scope of his actual, implied, andapparent authority. Also, for tortscommitted by his agent in the courseof principal's business and outsidethe course of that business.

F. Obligations of thirdparties to principal

G. Liability of agent to thirdparties

H. Termination of agency

9

Discuss these obligations of thirdparties.

Go over the liability of an agent tothird parties: on contracts withinthe scope of his actual, implied, andapparent authority, on contractsoutside the authority, and for tortscommitted in the course of agencybusiness.

Present a list of the ways in whichagency can be terrinated:

1. By specified time limitation2. By accomplishment of the purpose

of the agency3. By mutual agreement of principal

and agent

4. By revocation of agency by theprincipal

5. By reason of death, insanity, orbankruptcy of principal or agent

Discuss these methods of terminationwith the class. Point out that aprincipal may not terminate an agencyin which the agent still has afinancial interest.

References: Fisk, Chaps. 32 and 36;Rosenberg and Ott, Chaps. 28 and 29.

OBJFCTIVESAfter completion of the section on employer-employee relationships, the

student should be able to explain:Legal difference between an employee and an agent,Contracts of employment and how contracts are formed,Rights and responsibilities of employers and employees, andMajor pieces of legislation affecting the employment relationship.

III. Employer-Employee Relationship Discuss the employer-employee relation-ship and contracts of employment.

A. Contracts of employment

1. Difference betweenemployee and agent

Point out the importance of suchcontracts in our society, and thedependence of business on employment.

Explain the difference between anemployee and an agent. An employeeis one who works under the directionand control of another. When he makesa contract in a special situation hemay be acting as an agent for hisemployer.

B. Rights and responsibilities A brief discussion of the Nationalin the employment Labor Relations Act (the Wagner Act),relationship the Taft-Hartley Act, and the Norris-

LaGuardia Anti-Injunction Act wouldbe appropriate at this point. Includeemployment contracts, when contractsmust be in writing, and the rightsand obligations of employers andemployees.

Also cover the employer's responsibilityfor: unfair labor practices, workingconditions, safe and reasonable equip-ment, and job descriptions.

10

1. Employee'sresponsibilities

Bring in the employee's responsibilityfor following company rules and for:reasonable skill in working, loyaltyand honesty, and his right to reasonablecompensation. (The Fair LaborStandards Act and state and localregulations on wages and hours applyto compensation.)

2. Union's responsibilities Go over the most important provisionsa. Protection of rights of the Landrum-Griffin Act (also

of employees called the Labor-Management Reportingand Disclosure Act of 1959). Mentionhow this law regulates the internalaffairs of labor unions, and thereasons for requiring both unions andemployers to make periodic reports.

C. Safety of employees

D. Financial protection ofemployees

Discuss the Workmen's CompensationAct and the Lmefits it providesemployees.

Briefly discuss the financial benefitsfor employees and retirees providedby the Social Security Act. Be sureto include unemployment compensationbenefits.

E. Equal employment safeguards Present an explanation of the currentregulations requiring equality ofemployment opportunity regardless ofrace, religion, color, age, and sex.

References: Fisk, Chaps. 29, 30, and31; Rosenberg and Ott, Chap. 30.

Also discuss some of the cases thatgo with this lesson as listed inLesson 10.

11

lesson 4

3legotiable cishuments

OBJECTIVESAt the end of this lesson on negotiable instruments, the students

should be able to explain:The legal differences between negotiable instruments and other

contracts,The different kinds of negotiable instruments which are in general

use,How negotiable instruments may be transferred and the legal effect

of such transfer, andThe legal rights and obligations of parties to negotiable instruments.


I. Negotiable Instruments

A. The nature of negotiableinstruments

Start a class discussion to establishthe need for payment by means otherthan cash.

Develop with the class the definitionof negotiable instruments. Have theclass discuss ways in which negotiableinstruments differ from other contracts.

Also have the students show theimportance of negotiable instrumentsin everyday life.

B. Requirements for Bring out the major elements ofnegotiability negotiability of a negotiable instrument:

1. Must be in writing

12

C. Types of negotiableinstruments

D. Transfer of negotiableinstruments

1. Types of endorsements

2. Responsibility ofendorser

2. Must indicate a Lefinite time forpayment or be payable on demand

3. Must zontain an unconditionalpromise to pay

4. Must specify a definite amountof money

S. Must contain actual words ofnegotiability, such as "Pay tothe order of"

6. Must be signed by the person whodraws it up

Mention that use and legal effect ofthese instruments is governed by theUniform Commercial Code.

With the help of the students developa list of the types as follows:

1. Promissory notes2. Bills of exchange (or drafts)

(This includes trade acceptances,money orders, bank checks,travelers checks and otherinstruments.)

Discuss each type in detail and giveexamples; include examples of uses.Specimen copies of each type wouldaid the discussion.

Introduce the concept of endorsementto permit transfer.

Outline the kinds of endorsement toinclude:

Blank endorsementFull endorsementRestrictive endorsementQualified endorsementConditional endorsement

Explain the endorser's responsibilities.

References: Rosenberg and Ott, Chaps.18-21; Fisk, Chaps. 24-28.

Also discuss some of the cases thatgo with this lesson as listed inLesson 10.

13

lesson 5cinsuuince

OBJECTIVESAfter completing this lesson, the student should:Understand the nature and purpose of insurance,Be able to explain:The protection provided and the subtypes in each of the following

kinds of insurance on people: life insurance, accident and health, medical,fidelity, workmen's compensation, and social insurance,

The insurable interest requirement in fire insurance coverage, whatto include in a fire loss, and how to establish that loss,

The main clauses of a New York standard fire insurance policy, andThe protection provided in an automobile insurance policy under the

theft, fire, collision, and liability clauses.


I. Insurance

A. The insurance contract1. Content of the policy

Since many of the students may alreadyhave a good knowledge of insurance,it would be advisable to give a pre-test. This will help determine howmuch review and what depth of teachingwill be necessary.

The insurance contract is usuallyknown as a policy. Explain the contentof an insurance contract, includingwhat is required of the parties. Be

sure the students understand theinsurable interest requirement. Includea discussion of premium payment, graceperiod, and what happens in case ofdefault.

14

2. Specimen policieshelpful

B. Types of insurance forpeople

1. Cover protection,premiums, etc.

2. Medical insurance

3. Fidelity insurance

4. Workmen's compensation

Be sure the students understand thecommon provisions of life insurancepolicies, such as: naming of abeneficiary, incontestability,misstatement of age, cash surrendervalue, reimbursement, loan value, andsuicide provisions.

It is advisable to have specimen copiesof policies available. Many insurancecompanies will provide them uponrequest. Some students will undoubtedlyhave insurance policies of their ownwhich they may wish to bring to class.

It would also be desirable to invitean insurance agent to talk with theclass about recent developments ininsurance.

Present the following as being theprincipal kinds of insurance forpeople:

1. Life insurance2. Accident and health (or income)

insurance3. Medical insurance4. Fidelity insurance5. Workmen's compensation6. Social insurance

For each type discuss the kind ofprotection provided, the methods ofpaying premiums,and benefits. For lifeinsurance enumerate and discuss thefour basic categories. For accidentand health insurance,point out thatit provides a payment to replaceincome lost because of accidentalinjury or sickness.

Medical insurance generally refers toa policy which provides or pays formedical and hospital services.

Fidelity insurance provides protectionagainst dishonesty of a person.

For workmen's compensation and socialinsurance only a brief discussion isneeded here to supplement the coveragegiven in Lesson 3.

15

C. Types of insurance forproperty

1. Fire insurance

Under the heading of insurance forproperty, fire, automobile, andhomeowners insurance should be covered.

Since many states of the United Stateshave adopted the New York Standard FireInsurance form of policy, it isdesirable to cover the clauses in it.

a. Main topics to cover Under fire insurance cover the followingmain topics:

1. Insurable interest requirement2. Most important standard clauses3. Obtaining of coverage beyond

that in the standard policy4. What to include in fire loss and

how to establish that loss

b. Standard clauses Some standard clauses that are worthdiscussing include the following:

2. Automobile insurance

a. Collision

b. Liability

c. Theft, fire,comprehensive, etc.

1. Concealment and fraud2. Increase of risk3. Moving of covered personal property4. Assignment of a policy5. Prorating of liability (where two

or more policies cover the samefire risk)

6. Cancellation7. Coinsurance

The topics most commonly covered inautomobile insurance are: theft, fire,collision, liability, and comprehensive.

Point out that collision insurancecovers damage to the car of the insuredin case of collision with another caror object. Discuss this with the class.

With the help of the class bring outthe concept of liability coverage,which provides protection to the insuredfor injury to persons or damage to theproperty of others.

Cover theft, fire, and comprehensivebriefly. Also bring in an explorationof compulsory automobile insurancelaws and no-fault insurance.


Also discuss some of the cases that gowith this lesson as listed in Lesson 10.

16

tx-Lesson 6

r ((VII9-Zeal and 9)e`iso a1 cf),zopez_y, and Shezilace

OBJECTIVESAfter completion of this lesson, the student shouldThe difference between real and personal property,The methods of acquiring real property,The types of ownership of real property and the res

on ownership for the public interest,The legal principles involved in purchase of real pThe kinds of mortgage loans and the procedures for

loans,The kinds of leases for real property and the kindsThe importance of making a will and the characterisThe procedures in carrying out the provisions of aHow an estate is distributed when no will is left.

be able to explain:

trictions imposed

roperty,obtaining such

of tenancy,tics of a valid will,will, and


I. Real property

A. Types of real property

Bring out the concept that privateownership of property is an importantforce in our society. Review thedifference between real and personalproperty.

17

Discuss what constitutes realproperty. Point out that owning ahome is (in most cases) the largestand most important investment anAmerican family will make. Owning ahome includes ownership of a house,a condominium, a "cooperative"apartment, or a mobile home.

II. Ownership of Real PropertyA. Types of ownership

B. Methods of acquiringownership

C. Acquiring real propertyby purchase

D. Limitations imposed bypublic authorities

E. Mortgages

Discuss land, and buildings on theland; also the distinction betweencrops to be harvested, and shrubs andtrees pluAted as additions to thelandscape.

Discuss types of ownership including:estates in severalty, joint tenancy,tenancy in common, and tenancy by

entirety.

Take up methods of acquiring ownershipincluding: purchase, gift, inheritance,and adverse possession.

A discussion of the role of the realestate agent is relevant here.Emphasize the need for a legaladvisor for both buyer and seller.What is involved in the contract ofsale of real property should also bediscussed.

Clarify the types of deeds and thelegal implications of each.

It would be useful at this point todiscuss a closing and what is involvedin it. Students may have hadexperience in this area which shouldcontribute to the discussion.

Also include explanations of lien,easement, title restrictions, abstractof title, escrow agreement, and therecording of deeds.

Under the heading of limitatio- , takeup the following: zoning and buildingrestrictions, health and safetyregulations, easements, air rights,and the right of eminent domain.

It is important to discuss mortgagesincluding: sources of mortgage loans,kinds of mortgages, the mortgagecontract, payments, and interest.Also include the procedure in mortgageforeclosure.

III. Renting real property Discuss the relationship between aZandZord and a tenant, and the

18

A. Kinds of Tenancy

B. Kinds of leases

C. Troublesome clauses

IV. Transfer of Property ThroughWills and InheritanceA. Wills

1. Requirements for avalid will

2. Changing or revoking awill

3. Carrying out theprovisions of a will

B. Intestacy

significance of a Zease. Also defineeach of these terms.

Review the kinds of tenancy including:tenancy for years, periodic tenancy,and tenancy at will.

Take up kinds of leases, includingoral and written, and the possibleoccurrences at the end of a lease.It would be helpful to obtain copiesof printed lease forms or of leasesactually in use. The former can beobtained from realty boards, orattorneys, or purchased in somestationery stores. Leases actuallyin use can be brought in by students.

19

Particularly troublesome questionswhich are worthy of discussion include:Who is responsible for decorationsand repairs? and May a tenant removefixtures at the end of a period ofoccupancy?

Stress the importance of making a willand the requirements of a valid will.Also mention that a copy should beleft with an attorney and one withthe executor.

Go over the procedures for changing awill, which include changes by codicil,by destruction, and by making a newwill.

Explain the duties and qualificationsof an executor and the probating ofa will.

Discuss the way in which an estate isdistributed when a person dies withoutleaving a will. Include appointmentof an administrator, to whom thedistribution would be made, and theshare each might get. Also mentionestate taxes briefly, if time permits.



Xesson

government Tzotection of -(Business

OBJECTIVESAfter completing this lesson,the student will:Understand how government protects businesses by the granting of

patents, copyrights, and franchises, and the registering of trade names,and trademarks, and

Know which governmental agencies provide these protections.


I. Protection of IndividualCreations

A. Copyrights

B. Patents

To stimulate creativity for thepublic good the Federal Governmentgrants virtual monopolies toindividuals who produce originalproducts or writings. A similarmonopoly is given to operate abusines3 like a railroad where freecompetition would be contrary to thepublic good.

Discuss what material can be copyrighted,the general procedure for obtainingthe copyright, and the benefit thisgives to the copyrightholder.Mention that the initial 28-yearcopyright period can be renewed foranother 28 years.

Explain what is patentable and whatis not. Clarify the differencebetween a design patent, which involvesan artistic design, and a nondesignpatent. Point out the time limit ofJ7 years for the latter type and aperiod which can be either 3 1/2, 7,or 14 years for a design patent.

20

C. Trademarks

D. Franchises

Explain the value of a trademark andwhy it needs protection. A trademarkcan be registered with the U.S. PatentOffice for 20 years and can be renewedfor additional time.

Add here discussion about governmentalprotection of trade names and protectionagainst undesirable kinds of competition.

Explain the natural monopoly that existsin public utility industries such asgas, electricity, telephone, bustransportation, railroads, and airlines.Discuss the nature of franchisesand the benefits they bring to thepublic and those who hold them.

Mention state public utilitycommissions, and Federal agencieslike the Interstate CommerceCommission and the Federal PowerCommission.

Reftrences: Fisk, pp. 558-559;

Rosenberg and Ott, pp. 108-110, and488.


21

Lesson 8

govonment g?egulation of IBusiness

OBJECTIVESUpon completion of this lesson, the student should be able to:State the general purpose and summarize the major provisions of Federal

laws: regulating competition; concerned with money, credit, and securities;and covering consumer protection;

Summarize the main functions of Federal and state agencies controllingpublic utilities;

Give the major characteristics of sole proprietorships, partnerships,and corporations, and know the general purposes of the principal lawscontrolling them.

This lesson is intended only to give students an overview of thesubject. They should not be required to have a detailed knowledge of thelaws, governmental agencies, and forms of business included. For each lawand agency, you can present to them the general purpose and a summary ofits main provisions (for a law), or its main functions (for an agency). It

would be helpful if you would make up a written statement of this informationand hand it out to the students. It could include some of what is givenbelow, together with a few additional details.

I. Laws Regulating CompetitionA. The Sherman Act of 1890

The Sherman Act attempts to promote free competition by prohibitingcontracts and combinations "in restraint of trade." Under it civiland criminal penalties can be imposed and injunctions can be granted.

B. The Clayton ActThis law, passed in 1914, prohibits a corporation from acquiringstock or assets of another corporation if it would lessen competitionor tend to create a monopoly. It also forbids a corporation fromusing price discrimination among customers, if that practice tendsto lessen competition.

22

C. The Federal Trade Commission ActThis law, passed in 1914, established an administrative agency, theFederal Trade Commission, to prevent the use of unfair methods ofcompetition. Using the authority granted to it under the law, theCommission has identified: false advertising, misbranding,disparagement of competing products, commercial bribery, violationof trade secrets, trade boycotts, and division of territory aspractices which the law can control. This body issues cease anddesist orders and also has the power to levy fines.

D. The Robinson-Patman Act, 1936This law was passed to amend the Clayton Act. Its objectives areto prevent sellers from using discrimination in price or servicewhich tends to affect competition among their customers. Also toprevent discriminatory prices which a seller might use to gain anadvantage over his own competitors.

E. The Miller-Tydings ActEffective in 1937, this law is sometimes referred to as the "fairtrade exception" to the antitrust provisions against price-fixing.It permits vertical price-fixing in the sale of trademarked andbrand-name goods. The purpose is to protect the goodwill createdby the continued use of a specific name or mark. This resale pricemaintenance is effective only in those states having laws providingfor it. Enforcement is by the use of injunctions and suits fordamages.

References: Fisk, Chap. 4S; Rosenberg and Whitcraft, Unit 21.

II. Laws on Money, Credit, and SecuritiesA. Federal Reserve Act, 1913

This law set up the Federal Reserve System to regulate the flow ofmoney and credit and to provide certain services for the banks inthe System, the U.S. Government, and the public.

One important tool the Federal Reserve System adjusts for regulatingthe amount of money and credit in circulation is the rediscount rate,which is the interest rate the Reserve Banks charge on loans theymake to member banks. Besides lending money to member banks, theSystem also provides currency to them and operates an arrangementfor clearing checks. It also collects economic data and publishesit for use of the Government and the public.

B. The Federal Securities Act of 1933This law makes it illegal to use the mails or any other means ofinterstate commerce to sell or offer to buy a.security, unless thesecurity is registered with the Securities and Exchange Commission,and a proper prospectus is used. The Commission also has theauthority to regulate securities exchanges and over-the-countermarkets. The Commission does not approve or disapprove an issue ofsecurities, but merely requires that facts be made public about thevalue of a security offered for sale to the public.

23

C. Income TaxesThe law providing for a Federal income tax was passed in 1913.Every person and every business with income above a specified levelis required to make an income tax return each year. Expensesincurred in earning income are deducted from the gross income be-fore the tax is computed. Other deductions are permitted, includingmedical expense, contributions to certain nonprofit organizations,interest paid, and some state and local taxes. Individuals (butnot businesses) may also deduct a stated amount (an exemption) foreach dependent. After all permissible deductions are made,asliding-scale of taxes is applied. This means that the tax rateincreases as taxable income increases.

New York State has an income tax which follows the pattern of theFederal tax very closely, except that much lower tax rates areapplied. A number of other states also have income taxes.

References: Poe, p. 35 and Chap. 15; Rosenberg and Whitcraft, pp.473-474.

III. Agencies Controlling Public UtilitiesA. The Interstate Commerce Commission

The Interstate Commerce Act, which first established the Commissionas an independent agency, was passed in 1887. The Commissionregulates carriers engaged in transportation in interstate commerce,and in foreign commerce within the United States. This includesrailroads, trucking companies, bus lines, freight forwarders, watercarriers, oil pipelines, transportation brokers, and expressagencies. The Commission has the authority to license operationof some types of carriers and to regulate rates, acquisition of acarrier, mergers of carriers, and operation of certain equipment.

B. The Federal Power CommissionThis Commission operates under the Federal Power Act, originallyenacted in 1920, to regulate the interstate aspects of the electricpower and natural gas industries. It issues permissions for non-Federal hydroelectric power projects, regulates rates for electricityand gas, and controls other aspects of the distribution of electricpower and natural gas.

C. The Civil Aeronautics BoardThis board was originally established by the Civil Aeronautics Actof 1938. It has the authority to regulate the civil air transportindustry within the United States and between the United States andforeign countries. The Board authorizes domestic carriers toengage in interstate and foreign commerce, and authorizes foreigncarriers to engage in air transportation between the United Statesand foreign countries. The Board also controls rates and fares,acquisition of an air carrier, and merger of such carriers.

24

D. The Federal Communications CommissionThis commission was created by the Communications Act of 1934. It

regulates interstate and foreign communications carried on by wireor air. This includes: regulation of telephone, telegraph, radio(both standard, or AM, and frequency-modulated, or FM), television,cable television, and satellite communications. The Commission hasauthority to Issue licenses to communications carriers, to assignradio frequencies, to regulate rates charged and services provided,and to regulate some other aspects of the industry.

E. State Control of Public UtilitiesThe New York State Public Service Commission exercises control withinthe State over corporations engaged in producing or distributing(or both) of gas, electricity, steam, water, and liquid petroleum;also the pipelines and other equipment used with these products.The Commission exercises control over rates and services, andprescribes uniform accounting practices for utility companies. In

supervising utilities the Commission aims toward achieving safe,adequate, and reliable operation.

Many other states have similar agencies for regulating interstateutilities, which operate very much like the New York State YublicService Commission.

References: N.Y. Red Book, 1973 ed., pp. 835-836; U.S. Govt.Organization Manual.

IV. Laws for Consumer ProtectionA. Federal Food, Drug, and Cosmetics Act

This is a very comprehensive law which prohibits the sale in inter-state commerce of foods, drugs, cosmetics, or therapeutic deviceswhich are injurious, adulterated, or misbranded. Other, morerecent laws and regulations deal with advertising of cigarettes andthe use of cancer-inducing food additives.

B. Fair Credit Reporting ActThis law, passed in 1970, provides that a person may ask to inspecthis credit file and have incorrect data corrected. The Act prohibitsthe use of outdated credit information and limits the use of creditinformation to those with a legitimate reason. It covers creditreports for extension of credit, for selling insurance, and foremployment.

C. Consumer Credit Protection Act, 1968 (The Truth-In-Lending Act)The purpose of this law is to require a seller of credit to informa buyer just what interest he will have to pay. The seller mustinform the potential debtor of the amount of the finance charge indollars and in annual percentage rate.

Many states are considering the adoption of a .uniform consumer creditcode to substitute one law for the many now in existence.

25

References: Fisk, Chaps. 4, 22; Rosenberg and Whitcraft, Unit 21.

V. Creating a Business

Discuss with the students the question of how to start a business.This should include the need for a decision as to the form of businessto use, and the laws which affect a business. Also, the definition ofthe term business is worth some discussiOn.

A. Sole proprietorshipMost small businesses are sole proprietorships, which means theyare owned by one person only. This form of business is the mostflexible and least controlled by local, state, and Federal laws. Abusiness of this kind, as with any other business, is bound by thelocal zoning laws. Discuss its advantages and disadvantages withthe class.

B. PartnershipA partnership is generally created by a contract of partnership andconsists of two or more co-owners. A big advantage it has over thesole proprietorship is that it permits the combination of a varietyof skills which two or more people might have. A big disadvantageis that a disagreement among partners can wreck the business. Apartnership is controlled by many laws, but the most importantconditions of operation usually are contained in the contract ofpartnership.

C. CorporationA corporation differs from the other two forms of business mentionedabove in that governmental consent is required for it to exist, andits existence is separate and apart from its members or owners. Thecorporate form lends itself to having many owners and to growinginto a large size. Discuss the advantages and disadvantages of thecorporate form of business, including particularly the followingcharacteristics: perpetual life, limited liability, transferableshares of ownership, access to capital, and professional management.

References: Fisk, Chaps. 43, 44, 45; Rosenberg and Whitcraft, Units46, 47.

26

Xesson

Law enio,zce in ent

OBJECTIVESUpon completion of this lesson, the student should be able to:Explain the purpose of courts and the basic way they operate,Outline the basic structure of the state and Federal court systems and

briefly state the usual jurisdiction of each class of court,Explain briefly how a case gets to court in civil and in criminal cases,Give basic definitions of civil wrong, crime, tort, each type of crime,

and other terms important to enforcement of law,Give several examples of civil wrongs, and of each type of crime, andAnalyze at least one case dealing with a civil wrong and one for each

type of crime.

As with Lesson 8, this lesson is intended to give students only anoverview of the subject. They should not be expected to gain a detailedknowledge. The statements of objectives above define the depth to which youshould expect them to learn.


I. The CourtsA. How courts began

27

Briefly point out that among primitivemen disputes were settled either bythe head of a family or a tribal head,using the customs of the times. Overa long period of time laws developedfrom these customs, and courts aroseas places for assuring that the lawswere followed.

B. General method of operation Discuss the general approach of courtsin settling disputes. Bring out thetwo main points that courts determinethe facts of a case and then applythe law to the facts.

II. General Structure of CourtSystem

A. State courts

1. Local courts

2. Courts of generaljurisdiction

3. Intermediate courts

Indicate that there are two generalkinds of courts: state courts andFederal courts.

The structure of courts within statesusually includes the following: local

courts, courts of general jurisdiction,intermediate courts, and courts ofhighest appeal.

Local courts have a limited jurisdiction.This usually includes minor matters,petty crimes, and civil actions in-volving small amounts of money. Localcourts are sometimes called justiceof the peace courts or magistratecourts. In larger communities theyare called municipal courts.

Many cities also have small claimscourts which have jurisdiction overcivil suits, usually for $500 or less.These courts operate informally andthe parties to action can act as theirown attorneys.

In most states at least one court ofgeneral jurisdiction is required ineach county. It is called countycourt, or some other name. Action forany matter can be started in this kindof court but generally minor cases arestarted in the local courts. Allcases involving major crimes and largeamounts of money must be started in acourt of general jurisdiction. Also,

appeals from local courts can bebrought there.

Intermediate courts are often calledappellate courts; cases are appealedthere from the lower courts. Thiskind of court does not usually reviewthe facts in a case but only the law.That is, it determines whether legalprinciples have been properly inter-preted.

28

4. Highest court of appeals In 40 states the highest court iscalled the state supreme court; inother states it is called court ofappeals (as in New York State) or someother name. This court makes thefinal determination on the law incases involving a constitutionalquestion. In such cases appeals canbe continued through all the Federalcourts.

B. Federal courts

1. Kinds of Federal courts

2. Federal District Courts

3. Courts of Appeals

4. The Supreme Court

Federal courts generally have juris-diction over cases in which the UnitedStates is a party, cases involvingviolations of Federal laws, and thoseinvolving citizens of different stateswhen large amounts of money are con-cerned. These courts have jurisdictionover some cases in which a state is aparty, and other cases not mentionedhere.

The main structure of Federal courtsincludes district courts, courts ofappeals, and the United States SupremeCourt, which is the highest court inthe land. There are also other Federalcourts for special purposes.

The United States and its territoriesare divided into judicial districtsfor administration of district courts.These are courts of original juris-diction and most Federal cases arebegun in them.

The country is also divided intojudicial circuits with one UnitedStates Court of Appeals in each circuit.Cases are appealed there from thedistrict courts. In most cases thiscourt renders the final decision,because the Supreme Court accepts onlya limited number of appeals.

The United States Supreme Court hasboth original and appeals jurisdiction.Its original jurisdiction is overimportant matters in which the UnitedStates, or a state, or a foreigngovernment is a party. Its appealscases are selected: usually they involvevery important public questions, suchas the constitutionality of a law.

29

C. How a case gets to court

1. Civil action

2. Criminal action

3. Review cases

A complete system for administrationof justice includes, besides thecourts, the police and a prosecutingattorney. The method by which a casegets to court depends on whether itis a civil case or a criminal case.

In a civil case a private person (theplaintiff) brings action againstanother person (the defendant) whohas "done him wrong."

A crime is considered a wrong againstsociety and action is brought on behalfof society by a prosecuting attorney.Before a criminal action, the factsare usually reviewed by a grand jury,which then decides whether the caseshould be prosecuted.

Review civil and criminal courtprocedures with the class and bring ina few cases for discussion. You canfind pertinent cases listed in Lesson10

References: Anderson & Kumpf, compre-hensive volume, pp. 1-36; BusinessLaw syllabus.(NOTE: The 1968 edition, cited inthe Bibliography, is useful but notup-to-date. At the time of going topress a new edition is in process,which is expoctc:d to be publishedeither in 1973 or 1974.)

III. Civil Wrongs and Crimes Discuss with the class the differencebetween a civil wrong and a crime.

A. Civil wrongs or torts Emphasize the point that a civil wronginvolves two ordinary citizens. AtThis point it might be desirable tohave the students put on a simple playlike the one contained in pages 30-34of Rosenberg and Whitcraft. For them

to do this, you will have toassign it in advance and perhaps helpthe students organize for it.

A civil wrong is also called a tort.(In the opinion of some people certainviolations of a contract might be con-sidered civil wrongs that are nottorts.)

30

1. Kinds of torts The most common torts include assault,battery, trespass, nuisance, conversion,defamation, and negligence resultingin damage. Present a definition ofeach of these torts and have thestudents give an example of each.

B. Crimes A crime is a wrongful act for which thelaw prescribes punishment. Such an actis thought of as a violation of therights of the community. Point outthat in some cases an act can be botha crime and a tort.

1. Classes of crimes A crime can be classed as either a mis-demeanor or a felony. Whether a givencrime is a misdemeanor or a felony de-pends on the state in which it occurs,since definitions vary.

2. Misdemeanors A misdemeanor is a crime of a lessserious nature, usually punishable byfine or imprisonment in a county orcity jail. Examples are public drunken-ness, disorderly conduct, and drivinga car at excessive speeds. Some statesare instituting laws which make posses-sion of drugs a misdemeanor, rather thana felony.

3. Felonies

4. Business crimes

31

A felony is a crime of a very seriousnature and the punishment is more severe.The usual test for a felony is whetherit is punishable by death or imprison-ment in a state prison. Examples offelonies are murder, kidnapping, larceny,arson, forgery, and embezzlement.

Some crimes occur more often in businessthan in any other situation and arecalled business crimes. Included are:violation of the minimum wage laws,larceny, forgery, bribery, and extortion.A crime of this kind might also be atort. A business crime can be a felonyin some cases and a misdemeanor in others.

Introduce some of the pertinent casesfrom Lesson 10 and have the classdiscuss them.

References: Business law syllabus;Fisk, Chaps. 5 and 6; Getz, Unit 12;Rosenberg and Ott, Chaps. 2 and 3.

Xesso 10

Oveczall -CRevietv

OBJECTIVESAfter taking part in a discussion of a good sampling of cases on each

topic in the course, the students should have improved their ability toexplain:

The important principles in each topic,The methods of applying those principles in the business world, andThe way the courts operate to assure that the principles are applied

legally.

The cases listed in this lesson are intended as a basis for review ofthe whole course. More cases are given here than you can cover in the classtime available, and you will have to pick from among them. You may, ofcourse, use cases other than those given here, if you prefer.

We recommend that you include some cases on each topic as you cover itoriginally in each lesson. Then you can cover more cases' as a review atthe end of the course. The Bibliography contains the complete citation foreach of the books from which the cases are taken.

For Lesson 1CONTRACTS

Anderson and Kumpf, comprehensive volumep. 86, Case 4, McNulty v. Medical Services

Case 7, Kemp v. Nigesli Amusement Co.p. 126, Case 13, Matz v. Martinson

Case 14, Byers v. Sun Savings BankCase 15, Squilache v. Tidewater Coal and Coke Co.

p. 180, Case 13, Paley v. Barton Savings and Loan Association

32

p.

p.

p.

196,

235,

251,

ProblemProblemCase 6,

10

5

Dankowski v. Cremona

Fiskp.

p.

p.

p.

134,

144,

167,

195,

Case 4,Case 2,Case 5,Case 6,

In re McDonald's EsfateLindsey v. HubbardGraphic Art Finishers v. Boston Redevelopment AuthorityBrown v. Nims

Rosenberg and Ottpp. 73-74, Cases 2, 5, 9, and 11p. 85, Cases 6 and 9p. 94, Cases 3, 4, and 11p. 111, Cases 2, 5, 7, and 11pp. 122-123, Cases 1, 4, 6, 10, 11, and 12p. 135, Cases 4, 5, and 6p. 148, Case.; 1, 5, 8, and 10

For Lesson 2SALES

Anderson and Kumpf, comprehensive volumep.

p.

p.

p.

p.

p.

475,

493,

510,

522,

734,

552,

Cases 10Case 14,Case 15,Case 13,Case 10,Case 11,Case 4,Case 5,Case 10,

and 13Powell v. Cavanaugh Bros.Atlas Auto Rental Corp. v. WeisbergFord Motor Co. v. PittmanScanlon v. Food Craft, Inc.Gindy Manufacturing Co. v. Cardinale Trucking Co.Filler v. Rayex Corp.Sabloff v. Yamaha Motor Co.Tomezuk v. Town of Cheshire

p. 574, Case.4,Case 6,Case 7,Case 8,

Clairol v. Cody's CosmeticsSocony Mobil Oil Co. v. GreifYoder v. County of CumberlandJordon v. Montgomery Ward & Co.

Fiskp.

p.

p.

261,

291,

306,

Case 3,Case 4,Case 6,Case 1,Case 5,

Rubin v. Consolidated Pipe Co.Shay v. JosephRogers v. Toni Home Permanent Co.A. C. Carpenter, Inc. v. Boyer Potato ChipsHouse of Price, Inc. v. Kleigman Brothers

Rosenberg and Ottpp. 198-199, Cases 1, 2, and 12pp. 212-213, Cases 1, 3, 7, and 9

33

For Lesson 3BAILMENTS, AGENCY, AND EMPLOYMENTA. Bailments

Fisk

p. 224, Case 2, Marsh v. American Lockers Co.p. 237, Case 1, Lines Music Co. v. Holt

Rosenberg and Ottpp. 291-292, Cases 2, 6, and 7p. 299, Cases 3, 4, and 5

B. Agency

Anderson and Kumpf, comprehensive volumep. 269, Problem 5p. 269, Case 6, Walker v. Pacific Mobile Homesp. 284, Case 11, Wiles v. Mullinax

Fisk

p. 462, Case 3, Amplo v. DiMauroCase 6, Cuffman v. 3lunkall

Rosenberg and Ottpp. 388-389, Cases 2, 3, and 6

C. Employment

Anderson and Kumpf, comprehensive volumep. 316, Case 8p. 316, Case 10, Lummus Cotton Gin Co. v. Bough

Fiskpp. 418-419, Case 1, McCarty v. Great Bend Board of Educationp. 437, Case 1, Vogh v. McCarthy, Inc.

Case 3, Pennsylvania Labor Relations Board v. Sansome HouseEnterprises

p. 488, Case 3, Lipstak v. Karsner

Rosenberg and Ottpp. 409-410, Cases 2, 3, 5, 7, 11, and 12

For Lesson 4NEGOTIABLE TNSTRUMENTS

Anderson and Kumpf, comprehensive volumep. 336, Case 11, Universal C. I. T. Credit Corp. v. Ingelp. 366, Case 12, Marine Midland Trust Co. v. Blackburnp. 399, Case 10, Goldsmith v. Atlantic National Bankp. 408, Case 7, Liesemer v. Burg

34

Fisk

p. 358, Case 2, New Britain National Bank v. Baughp. 382, Case 1, Security National Bank of Long Island v. Temarantzp. 395, Case 5, Pavitis v. Farmers Union Livestock Commission

Rosenberg and Ottpp. 249-250, Cases 2, 4, and 8pp. 260-261, Cases 3, 6, and 12

For Lesson 5INSURANCE

Anderson and Kumpf, comprehensive volumep. 626, Problem 8

Case 12, Harsha v. Fidelity General Co.p. 634, Case 6, National Life & Accident Insurance Co. v. Walker

Fisk

p. 491, Case 4, Lennon v. John Hancock Mutual Life Insurance Co.p. 505, Case 2, Harvey v. Switzerland General Insurance Co.p. 506, Case 6, Intercoast Mutual Life Insurance Co. v. Andersen

Rosenberg and Ottp. 327-328, Cases 3, 6, and 11

For Lesson 6REAL AND PERSONAL PROPERTY, WILLS, AND INHERITANCEA. Real and personal property

Anderson and Kumpf, comprehensive volumep. 423, Problem 6p. 424, Case

Case7, Harrington v. Bailey13, Stamets' Estate

Fiskp.

p.

p.

566,

582,

593,

CaseCaseCase

5, Picard v. United Aircraft Corp.3, Digirolamo v. Philadelphia Gun Club2, Hughes v. Westchester Development Corp.

Rosenberg and Ottpp. 506-507, Cases 3 and 9

B. Wills and inheritance

Anderson and Kumpf, comprehensive volumep. 424, Case 13, Stamets' Estate

35

For Lesson 7GOVERNMENT PROTECTION OF BUSINESS

Fiskpp. 69-70, Case 2, United States of New Jersey v. Kingsley

Case 3, Arrow Metal Products v. Federal Trade CommissionCage 5, United States v. Vitasafe Formula Co.

Rosenberg and Ottpp. 395-396

For Lesson 8GOVERNMENT REGULATION OF BUSINESS

Anderson and Kumpf, compreLensive volumep. 701, Case 6, Vincent Drug Co. v. United States Tax Copmission

A. Creation of business ownership

Fiskp. 624, Case 2, Owen v. Cohen

Case 5, Cotton v. Perishable Air Conditionersp. 640, Case 1, Allen v. Bittman Tissue Corp.

For Lesson 9LAW ENFORCEMENT

Fiskp. 105, Case 3, Kent v. United States

Case 4, State v. Everly

Rosenberg and Ottp. 22, Cases 5, 8, 9, and 12p. 32, Cases 3, 4, 7, and 9p. 44, Cases 2 and 5

36

Miblioglaphy

Anderson, Ronald A. Social forces and the law. Cincinnati, Ohio. South-Western Publishing Co. 1969.

and Kumpf, Walter A. Business Law: Principles and cases; 5th ed.Cincinnati, Ohio. South-Western Publishing Co. 1971.

and Business lab,: Uniform commercial code, comprehensivevolume; 9th ed. Cincinnati, Ohio. South-Western Publishing Co. 1972.

and Business Law: Uniform commercial code, standard volume;9th ed. Cincinnati, Ohio. South-Western Publishing Co. 1973.

Ashcroft, John D. and Charles, A. Aldo. CoZZege law for business; 7th ed.Cincinnati, Ohio. South-Western Publishing Co. 1971.

Barnes, A. James. Programmed learning aid for business law. Homewood,Ill. Richard D. Irwin. 1970. Paper.

Commerce Clearing House. Guidebook to labor relations. Chicago, Ill.Issued annually. Paper.

Corley, Robert and Black, Robert. The ZegaZ environment of business; 3d ed.New York, N.Y. McGraw-Hill. 1973.

Federal labor laws and programs; a layman's guide. Washington, D. C.U.S. Dept. of Labor, Bureau of Labor Standards. 1964.

Fisk, McKee and others. Applied business Zaw; 10th ed. Cincinnati, Ohio.South-Western Publishing Co. 1972.

Goodwin, John R. Business law, principles, documents & cases. Homewood,Ill. Richard D. Irwin. 1972.

Lusk, Harold F. and others. Businesd Zaw: Principles and cases; 2d uniformcommercial code ed. Richard D. Irwin. 1970.

New York red book. Albany, N.Y. Williams Press. Issued annually.

New York State Education Dept., Bureau of Secondary Curriculum Development.Business law syllabus. Albany, N.Y. (The 1968 edition is not up-to-dateand a new edition is in process. Its publication is expected in 1973 or1974.)

Poe, Jerry B. An introduction to the American business enterprise. Homewood,

Ill. Richard D. Irwin. 1972.

37

Rosenberg, Robert R. and Bonnice, J. G. Business Law 30. New York, N.Y.McGraw-Hill. 1971.

and Ott, William G. College business Zaw; 4th ed. New York, N.Y.McGraw-Hill. 1972.

and Whitcraft, John E. Understanding business Zaw; 5th ed. New York,N.Y. McGraw-Hill. 1973.

U.S. Government organization manual. Washington, D. C. United StatesOffice of the Federal Register. Issued annually. Paper.

Votaw, Dow. Legal aspects of business administration; 3d ed. EnglewoodCliffs, N.J. Prentice-Hall. 1969.

Wyatt, J. W. and Wyatt, M. R. Business Zaw; 4th ed. New York, N.Y.McGraw-Hill. 1971.

Your Federal income tax, for individuals. Washington, D.C. U.S. Dept. ofthe Treasury, Internal Revenue Service. Issued annually. Paper.

Your social security, retirement, survivors and disability insurance,medicare. Washington, D.C. U.S. Dept. of Health, Education, and Welfare.Nov. 1972. Paper. (This pamphlet is revised frequently.)

The Secretary. Published monthly, except in July and August, by theNational Secretaries Association International, 616 East 63d Street,Kansas City, Mo. 64110.

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Documents

DOCUMENT RESUME ED 086 879 CE 000 916 Batten, … · Sales. 4. Lesson 3 Bailments, Agency, and Employment. 7. ... review of basic information in business. law: contracts, sales, bailments