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Library | Item Barcode | Call Number | Material Type | Item Category 1 | Status |
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Searching... | 30000010093141 | KF390.B84 S43 2005 | Open Access Book | Book | Searching... |
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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
Introduction | p. iv |
1 Proper Contract Management | p. 1 |
A The Preventative Law Method: The Power of Anticipatory Thinking | p. 1 |
B The Function of Contracts | p. 14 |
2 Creating the Contract | p. 23 |
A Is There a Valid Offer? | p. 23 |
B Is There a Valid Acceptance? | p. 37 |
3 Legal Enforceability of the Contract | p. 48 |
4 Avoiding Contract Liability | p. 66 |
A Legal Capacity of the Parties | p. 66 |
B Legality of the Subject Matter | p. 82 |
C Legal Consent to the Transaction | p. 106 |
D Written Form Requirements | p. 130 |
E Enforcement Rights of Third Parties | p. 156 |
F Other Legal Excuses for Non-Performance | p. 175 |
5 Managing Specific Types of Contracts | p. 197 |
A Special Rules for Selling Goods | p. 197 |
B Special Rules for Product Liability | p. 225 |
C Special Rules for E-Commerce/Cyberlaw | p. 244 |
6 How the Legal System Works | p. 264 |
A The Purpose of Laws | p. 264 |
B The Sources of Law | p. 279 |
C To Sue or Not to Sue? | p. 286 |
D Legal Remedies Available | p. 295 |
E Different Courts Available | p. 310 |
F Steps of a Typical Lawsuit | p. 321 |
G Working with Lawyers | p. 333 |
7 Legal Trends Facing Business Managers | p. 342 |
Index | p. 351 |