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Title:
Preventative law for business professionals
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Publication Information:
Mason, OH : Thomson, 2005
ISBN:
9780324225747

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30000010093141 KF390.B84 S43 2005 Open Access Book Book
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Summary

Summary

Martin Segal sees the workplace as an unending sequence of commercial transactions, and life in the workplace as a series of contractual agreements. We play in a field strewn with land mines - legal actions, large and small, waiting to explode. What may have started as a simple buyer-seller, borrower-lender transaction can escalate into differences of opinion, then blow up into a full-fury lawsuit. But, says Segal, this needn't happen. Most of these legal differences can be traced back to faulty, misunderstood contract and sales transactions, how they were conceived, created, implemented. Agreements that can't be enforced, business plans gone awry, unforeseen problems that suddenly pop up to wreck what once seemed to be golden business opportunities - these are some of the legal issues that Segal addresses in Preventive Law for Business Professionals. What Segal offers in response is his "anticipatory thinking approach," a "preventive law" method to lay bare and defang these legal perils before they evolve to such magnitude that expensive, time-consuming court action becomes inevitable. Dr. Segal offers a carefully culled list of the most salient and likely commercial transactions, issues that can be prevented, and what you can do to forestall them. Based on numerous examples and actual court cases, as well as from classic legal disputes, Segal lays out the legal reasoning of the presiding judges, often with direct quotations that provide an especially realistic, useful understanding of how these cases were actually decided - and why.


Table of Contents

Introductionp. iv
1 Proper Contract Managementp. 1
A The Preventative Law Method: The Power of Anticipatory Thinkingp. 1
B The Function of Contractsp. 14
2 Creating the Contractp. 23
A Is There a Valid Offer?p. 23
B Is There a Valid Acceptance?p. 37
3 Legal Enforceability of the Contractp. 48
4 Avoiding Contract Liabilityp. 66
A Legal Capacity of the Partiesp. 66
B Legality of the Subject Matterp. 82
C Legal Consent to the Transactionp. 106
D Written Form Requirementsp. 130
E Enforcement Rights of Third Partiesp. 156
F Other Legal Excuses for Non-Performancep. 175
5 Managing Specific Types of Contractsp. 197
A Special Rules for Selling Goodsp. 197
B Special Rules for Product Liabilityp. 225
C Special Rules for E-Commerce/Cyberlawp. 244
6 How the Legal System Worksp. 264
A The Purpose of Lawsp. 264
B The Sources of Lawp. 279
C To Sue or Not to Sue?p. 286
D Legal Remedies Availablep. 295
E Different Courts Availablep. 310
F Steps of a Typical Lawsuitp. 321
G Working with Lawyersp. 333
7 Legal Trends Facing Business Managersp. 342
Indexp. 351
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