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 Contents vii

Chapter 14 ■ Ethical Issue: Is it a material breach of contract for a hospital

to accept a donation and then refuse to honor part of its
Voluntary Consent 335 commitment? 372
Discharge by Agreement 373
Mistakes 335
Case 16.2: DWB, LLC v. D&T Pure Trust (2018) 374
■ Ethical Issue: Should a surviving member of Lynyrd Skynyrd
abide by a thirty-year-old consent decree? 337 Discharge by Operation of Law 375
Fraudulent Misrepresentation 338 Case 16.3: Hampton Road Bankshares, Inc. v. Harvard (2016) 376
■ Beyond Our Borders: Impossibility or Impracticability
Case 14.1: McCullough v. Allstate Property and Casualty
of Performance in Germany 378
Insurance Co. (2018) 339
Case 14.2: Cronkelton v. Guaranteed Construction Services, LLC (2013) 342
Chapter 17
■ Adapting the Law to the Online Environment: “Catfishing”:
Is That Online “Friend” for Real? 343 Breach and Remedies 382
Case 14.3: Fazio v. Cypress/GR Houston I, LP (2013) 344
Undue Influence and Duress 346
Damages 383
Case 17.1: Baird v. Owens Community College (2016) 384
Chapter 15 ■ Landmark in the Law: Hadley v. Baxendale (1854) 387
Spotlight on Liquidated Damages: Case 17.2:
The Statute of Frauds— Kent State University v. Ford (2015) 389
Writing Requirement 350 ■ Business Law Analysis: Enforceability of Liquidated
Damages Provisions 390
The Writing Requirement 350 Equitable Remedies 391
Case 15.1: Sloop v. Kiker (2016) 351 Case 17.3: Cipriano Square Plaza Corp. v. Munawar (2018) 391
Exceptions to the Statute of Frauds 355 Recovery Based on Quasi Contract 395
■ Beyond Our Borders: The Statute of Frauds and International Contract Provisions Limiting Remedies 396
Sales Contracts 355
■ Ethical Issue: Can contracts for mixed martial arts
Sufficiency of the Writing or Electronic Record 357 fighters limit a fighter’s right to stop fighting? 396
Case 15.2: Moore v. Bearkat Energy Partners, LLC (2018) 358
The Parol Evidence Rule 359 Chapter 18
Case 15.3: Frewil, LLC v. Price (2015) 361
Third Party Rights 402
Chapter 16 Assignments 402
Case 18.1: Bass-Fineberg Leasing, Inc. v. Modern Auto Sales, Inc. (2015) 405
Performance and Discharge 366 Delegations 407
Conditions of Performance 366 Case 18.2: Mirandette v. Nelnet, Inc. (2018) 409
Discharge by Performance 368 Third Party Beneficiaries 410
■ Business Law Analysis: Determining When a Breach Is Material 370 Case 18.3: Bozzio v. EMI Group, Ltd. (2016) 410
Case 16.1: Kohel v. Bergen Auto Enterprises, LLC (2013) 371 Unit Two: Task-Based Simulation 418

Unit 3 Commercial Transactions 419

Chapter 19 The Scope of Articles 2 and 2A 421
■ Adapting the Law to the Online Environment:
The Formation of Sales Taxing Web Purchases 423
and Lease Contracts 420 The Formation of Sales and Lease Contracts 425
■ Landmark in the Law: The Uniform Commercial Code 421 Case 19.1: Toll Processing Services, LLC v. Kastalon, Inc. (2018) 426

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 viii Contents

Case 19.2: C. Mahendra (N.Y.), LLC v. National Gold & Diamond Case 22.1: OneWest Bank, FSB v. Nunez (2016) 503
Center, Inc. (2015) 430 ■ Business Law Analysis: Deciding If an Instrument
■ Business Law Analysis: Additional Terms between Merchants 432 Is Negotiable 505
Classic Case 19.3: Jones v. Star Credit Corp. (1969) 437 Case 22.2: Charles R. Tips Family Trust v. PB Commercial, LLC (2015) 508
Contracts for the International Sale of Goods 437 Transfer of Instruments 509
Appendix to Chapter 19: An Example of a Contract for the ■ Beyond Our Borders: Severe Restrictions on Check
International Sale of Coffee 444 Indorsements in France 510
Holder in Due Course (HDC) 513
Chapter 20 Case 22.3: Jarrell v. Conerly (2018) 516
Signature and Warranty Liability 518
Title and Risk of Loss 448 Defenses, Limitations, and Discharge 523
Identification 449 ■ Landmark in the Law: Federal Trade Commission Rule 433 525
Case 20.1: BMW Group, LLC v. Castle Oil Corp. (2016) 450
Passage of Title 451 Chapter 23
■ Managerial Strategy: Commercial Use of Drones 451
Case 20.2: Louisiana Department of Revenue v. Apeck International and Space Law 532
Construction, LLC (2018) 452
International Law 532
Spotlight on Andy Warhol: Case 20.3: Lindholm v. Brant (2007) 456
■ Beyond Our Borders: Border Searches of Your
Risk of Loss 457 Electronic Devices 533
Insurable Interest 460 Case 23.1: Rubin v. Islamic Republic of Iran (2018) 537
■ Business Law Analysis: Sovereign Immunity Claims 539
Chapter 21 Doing Business Internationally 539
■ Ethical Issue: Is it ethical (and legal) to brew “imported”
Performance and Breach beer brands domestically? 539
of Sales and Lease Contracts 464 Regulation of Specific Business Activities 542
Case 23.2: Changzhou Trina Solar Energy Co., Ltd. v. International
Obligations of the Seller or Lessor 465 Trade Commission (2018) 543
Case 21.1: All the Way Towing, LLC v. Bucks County U.S. Laws in a Global Context 545
International, Inc. (2018) 467
Spotlight on International Torts: Case 23.3: Daimler AG v.
Obligations of the Buyer or Lessee 470 Bauman (2014) 546
Remedies of the Seller or Lessor 472 Space Law 548
Remedies of the Buyer or Lessee 475
■ Beyond Our Borders: The CISG’s Approach to
Revocation of Acceptance 479 Chapter 24
Spotlight on Baseball Cards: Case 21.2: Fitl v. Strek (2005) 480
Banking in the Digital Age 554
Warranties 482
Classic Case 21.3: Webster v. Blue Ship Tea Room, Inc. (1964) 485 Checks and the Bank-Customer Relationship 555
■ Business Law Analysis: Implied Warranties 487 The Bank’s Duty to Honor Checks 558
Case 24.1: Legg v. West Bank (2016) 558
Chapter 22 Case 24.2: Horton v. JPMorgan Chase Bank, N.A. (2018) 561
The Bank’s Duty to Accept Deposits 564
Negotiable Instruments 496 Case 24.3: Shahin v. Delaware Federal Credit Union (2015) 565
Formation of Negotiable Instruments 497 ■ Landmark in the Law: Check Clearing for the 21st Century

■ Adapting the Law to the Online Environment: Act (Check 21) 568
Pay with Your Smartphone 499 Electronic Fund Transfers 569

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 Contents ix

Online Banking and E-Money 571 Chapter 26

■ Adapting the Law to the Online Environment:
Electronic Payment Systems and the Use of Checks 571 Bankruptcy 607
The Bankruptcy Code 607
Chapter 25 ■ Business Web Log: Online Retail Competition
Causes Yet Another Brick-and-Mortar Retailer
Security Interests and to File for Bankruptcy 608
Creditors’ Rights 577 ■ Landmark in the Law: The Bankruptcy Abuse Prevention
and Consumer Protection Act 609
Creating and Perfecting a Security Interest 577 Chapter 7—Liquidation 610
Spotlight on Wedding Rings: Case 25.1: Royal Jewelers, ■ Business Law Analysis: Violations of the Automatic Stay 614
Inc. v. Light (2015) 579
Case 26.1: In re Anderson (2016) 619
■ Adapting the Law to the Online Environment:
■ Ethical Issue: Should there be more relief for student
Secured Transactions Online 581
loan defaults? 621
■ Business Law Analysis: Perfecting a Security Interest 583
Case 26.2: In re Cummings (2015) 622
Scope of a Security Interest 586
Chapter 11—Reorganization 624
Case 25.2: In re T usa–Expo Holdings, Inc. (2016) 587
■ Linking Business Law to Corporate Management:
Priorities, Rights, and Duties 590 What Can You Do to Prepare for a Chapter 11
Default 592 Reorganization? 625
Case 25.3: SunTrust Bank v. Monroe (2018) 594 Bankruptcy Relief under Chapter 13
■ Ethical Issue: How long should a secured party have to and Chapter 12 627
seek a deficiency judgment? 596 Case 26.3: In re Chamberlain (2018) 629
Other Laws Assisting Creditors 596 Unit Three: Task-Based Simulation 635

Unit 4 Agency and Employment Law 637

Chapter 27 Chapter 28
Agency Relationships in Business 638 Employment, Immigration,
Agency Law 639 and Labor Law 666
■ Ethical Issue: Is it fair to classify Uber and Lyft drivers
Employment at Will 667
as independent ­contractors? 640
Case 28.1: Caterpillar, Inc. v. Sudlow (2016) 668
Formation of an Agency 642
Wages, Hours, and Leave 669
Case 27.1: Reidel v. Akron General Health System (2018) 643
■ Ethical Issue: Are employees entitled to receive wages
Duties of Agents and Principals 644 for all the time they spend at work, including times when
Spotlight on Taser International: Case 27.2: Taser International, they are taking a personal break? 670
Inc. v. Ward (2010) 646 ■ Beyond Our Borders: Brazil Requires Employers to Pay
Agent’s Authority 649 Overtime for Use of Smartphones after Work Hours 671
Liability in Agency Relationships 651 Case 28.2: Encino Motorcars, LLC v. Navarro (2018) 671
■ Business Law Analysis: Liability of Disclosed Principals 652 Health, Safety, Income Security, and Privacy 674
■ Landmark in the Law: The Doctrine of Respondeat Superior 655 ■ Business Law Analysis: Workers’ Compensation Claims 675
■ Beyond Our Borders: Islamic Law and Respondeat Superior 657 ■ Adapting the Law to the Online Environment:
Case 27.3: M.J. v. Wisan (2016) 657 Social Media in the Workplace Come of Age 679
Termination of an Agency 659 Immigration Law 680

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 x Contents

Labor Law 683 ■ Adapting the Law to the Online Environment:

■ Managerial Strategy: Union Organizing Using a Company’s Hiring Discrimination Based on Social Media Posts 700
E-Mail System 686 Case 29.1: Bauer v. Lynch (2016) 701
Case 28.3: Contemporary Cars, Inc. v. National Labor Case 29.2: Young v. United Parcel Service, Inc. (2015) 703
Relations Board (2016) 687 ■ Ethical Issue: Should corporations be forced
to publicize the ratio of ­CEO-to-worker pay? 704
■ Business Law Analysis: Retaliation Claims 707
Chapter 29 Case 29.3: Franchina v. City of Providence (2018) 708
■ Beyond Our Borders: Sexual Harassment in Other Nations 709
Employment Discrimination 694 Discrimination Based on Age, Disability, or Military Status 710
Defenses to Employment Discrimination 716
Title VII of the Civil Rights Act 695
■ Linking Business Law to Corporate Management: Affirmative Action 717
Human Resource Management 696 Unit Four: Task-Based Simulation 723

Unit 5 Business Organizations 725

Chapter 30 Formation and Operation 747
■ Beyond Our Borders: Doing Business with
Sole Proprietorships Foreign Partners 748
and Franchises 726 Classic Case 31.2: Meinhard v. Salmon (1928) 751
Dissociation and Termination 753
Sole Proprietorships 727
Limited Liability Partnerships 757
Case 30.1: A. Gadley Enterprises, Inc. v. Department of Labor and
Industry Office of Unemployment Compensation Limited Partnerships 758
Tax Services (2016) 727 Case 31.3: DeWine v. Valley View Enterprises, Inc. (2015) 759
■ Ethical Issue: Can the religious beliefs of a small business ■ Ethical Issue: Should an innocent general partner be
owner justify the business refusing to provide services jointly liable for fraud? 761
to members of the LGBT community? 728
■ Adapting the Law to the Online Environment:
A Sole Proprietorship, Facebook Poker, and Bankruptcy 730 Chapter 32
Franchises 730
■ Beyond Our Borders: Franchising in Foreign Nations 731 Limited Liability Companies
The Franchise Contract 734 and Special Business Forms 767
Franchise Termination 735 The Limited Liability Company 767
Case 30.2: S&P Brake Supply, Inc. v. Daimler Trucks ■ Landmark in the Law: Limited Liability Company
North America, LLC (2018) 736 (LLC) Statutes 768
Spotlight on Holiday Inns: Case 30.3: Holiday Inn Franchising, Case 32.1: Hodge v. Strong Built International, LLC (2015) 771
Inc. v. Hotel Associates, Inc. (2011) 738
■ Beyond Our Borders: Limited Liability Companies in
Other Nations 772
Chapter 31 LLC Operation and Management 773

All Forms of Partnership 743 ■ Managerial Strategy: Can a Person Who Is Not a Member
of a ­Protected Class Sue for Discrimination? 774
Basic Partnership Concepts 744 Case 32.2: Schaefer v. Orth (2018) 775
Case 31.1: Harun v. Rashid (2018) 745 Dissociation and Dissolution of an LLC 776

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 Contents xi

Case 32.3: Reese v. Newman (2016) 777 Chapter 35

■ Business Law Analysis: When Will a Court Order the ­
Dissolution of an LLC? 778 Corporate Mergers, Takeovers,
Special Business Forms 779 and Termination 826
Merger, Consolidation, and Share Exchange 826
Chapter 33 Case 35.1: In re Trulia, Inc. Stockholder Litigation (2016) 828
Corporate Formation and Financing 785 Purchase of Assets 830
Case 35.2: Heavenly Hana, LLC v. Hotel Union & Hotel Industry
Nature and Classification 785 of Hawaii Pension Plan (2018) 832
■ Adapting the Law to the Online Environment:
Takeovers 833
Programs That Predict Employee Misconduct 787
Corporate Termination 834
Case 33.1: Drake Manufacturing Co. v. Polyflow, Inc. (2015) 788
Major Business Forms Compared 836
Case 33.2: Pantano v. Newark Museum (2016) 790
Case 33.3: Greenfield v. Mandalay Shores Community
Association (2018) 793 Chapter 36
Formation and Powers 793
■ Beyond Our Borders: Does Cloud Computing Investor Protection, Insider
Have a Nationality? 797 Trading, and Corporate Governance 841
Piercing the Corporate Veil 798
Securities Act of 1933 842
■ Business Law Analysis: Piercing the Corporate Veil 799
■ Managerial Strategy: The SEC’s New Pay-Ratio
Corporate Financing 800 Disclosure Rule 844
■ Adapting the Law to the Online Environment: Investment
Chapter 34 Crowdfunding—Regulations and Restrictions 846
■ Landmark in the Law: Changes to Regulation A: “Reg A+” 847
Corporate Directors, Case 36.1: Omnicare, Inc. v. Laborers District Council Construction
Officers, and Shareholders 807 Industry Pension Fund (2015) 850
Securities Exchange Act of 1934 851
Directors and Officers 807 Classic Case 36.2: Securities and Exchange Commission v. Texas
Duties and Liabilities of Directors and Officers 810 Gulf Sulphur Co. (1968) 853
Case 34.1: Oliveira v. Sugarman (2016) 811 Case 36.3: Singer v. Reali (2018) 857
Classic Case 34.2: Guth v. Loft, Inc. (1939) 813 State Securities Laws 860
Shareholders 815 Corporate Governance 861
Rights and Duties of Shareholders 818 ■ Beyond Our Borders: Corporate Governance in Other Nations 861
Case 34.3: Hammoud v. Advent Home Medical, Inc. (2018) 820 Unit Five: Task-Based Simulation 869

Unit 6 Government Regulation 871

Chapter 37 Agency Creation and Powers 875
Case 37.1: Simmons v. Smith (2018) 877
Administrative Law 872 The Administrative Process 879
Practical Significance 872 ■ Ethical Issue: Do administrative agencies exercise
too much authority? 880
■ Linking ­Business Law to Corporate Management:
Dealing with Administrative Law 875 Case 37.2: Craker v. Drug Enforcement Administration (2013) 884

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 xii Contents

Judicial Deference to Agency Decisions 885 ■ Adapting the Law to the Online Environment:
Case 37.3: Olivares v. Transportation Security Administration (2016) 886 Regulating “Native” Ads on the Internet 922
Public Accountability 887 Case 39.2: Haywood v. Massage Envy Franchising, LLC (2018) 923
Protection of Health and Safety 927
Chapter 38 Credit Protection 929
Case 39.3: Santangelo v. Comcast Corp. (2016) 931
Antitrust Law ■ Ethical Issue: Can a company that provides background checks ­
and Promoting Competition 893 willfully violate the Fair Credit Reporting Act? 933
Protecting the Environment 934
The Sherman Antitrust Act 894
■ Beyond Our Borders: Can a River Be a Legal Person? 935
■ Business Web Log: Facebook and Google in a World
of Antitrust Law 894 Air and Water Pollution 937
■ Landmark in the Law: The Sherman Antitrust Act 895 Toxic Chemicals and Hazardous Waste 941
Section 1 of the Sherman Act 897
Section 2 of the Sherman Act 900 Chapter 40
Case 38.1: McWane, Inc. v. Federal Trade Commission (2015) 902
The Clayton Act 904
Liability of Accountants
Case 38.2: Candelore v. Tinder, Inc. (2018) 905 and Other Professionals 948
Enforcement and Exemptions 909 Potential Liability to Clients 949
Case 38.3: TransWeb, LLC v. 3M Innovative Properties Co. (2016) 910 ■ Landmark in the Law: The SEC Adopts Global
U.S. Antitrust Laws in the Global Context 911 Accounting Rules 950
■ Adapting the Law to the Online Environment: ■ Ethical Issue: What are an attorney’s responsibilities
The European Union Issues Record Fine against with respect to protecting data stored on the cloud? 952
Google in Antitrust Case 913 Potential Liability to Third Parties 954
Liability of Accountants under Other Federal Laws 956
Chapter 39 Case 40.1: Laccetti v. Securities and Exchange Commission (2018) 958
Potential Criminal Liability 962
Consumer and Environmental Law 918 Confidentiality and Privilege 963
Advertising, Marketing, Sales, and Labeling 919 Case 40.2: Commonwealth of Pennsylvania v. Schultz (2016) 963
Case 39.1: POM Wonderful, LLC v. Federal Trade Commission (2015) 920 Unit Six: Task-Based Simulation 970

Unit 7 Property and Its Protection 971

Chapter 41 ■ Ethical Issue: Who owns the engagement ring? 975
Business Law Analysis: Effective Gift of a
Personal Property ■
Brokerage Account 976
and Bailments 972 Classic Case 41.1: In re Estate of Piper (1984) 977

Personal Property versus Real Property 972 Mislaid, Lost, and Abandoned Property 979

Acquiring Ownership of Personal Property 974 Case 41.2: State of Washington v. Preston (2018) 981
■ Adapting the Law to the Online Environment: Bailments 982
The Exploding World of Digital Property 974 Case 41.3: Zissu v. IH2 Property Illinois, L.P. (2016) 986

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 Contents xiii

Chapter 42 Case 43.1: Breeden v. Buchanan (2015) 1020

Wills 1025
Real Property and Case 43.2: In re Navarra (2018) 1029
Landlord-Tenant Law 994 ■ Adapting the Law to the Online Environment:
Social Media Estate Planning 1032
The Nature of Real Property 994
Trusts 1035
Ownership Interests and Leases 996
Case 43.3: Dowdy v. Dowdy (2016) 1036
Case 42.1: In the Matter of the Estate of Nelson (2018) 997
Unit Seven: Task-Based Simulation 1046
Transfer of Ownership 1002
Spotlight on Sales of Haunted Houses: Case 42.2:
Stambovsky v. Ackley (1991) 1003 APPENDICES
■ Business Law Analysis: When Possession of Property
Is Not “Adverse” 1006 A How to Brief Cases and Analyze Case Problems A–1
Case 42.3: Montgomery County v. Bhatt (2016) 1007 B The Constitution of the United States A–3
■ Ethical Issue: Should eminent domain be used C The Uniform Commercial Code A–3
to promote private ­development? 1009 D Answers to the Issue Spotters A–4
Landlord-Tenant Relationships 1009 E Sample Answers for Business Case Problems with
Sample Answer A–13
Chapter 43
Glossary G–1
Insurance, Wills, and Trusts 1017 Table of Cases TC–1
Insurance 1017 Index I–1

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 Preface

T he study of business law and the legal environment has universal applicability.
A student entering any field of business must have at least a passing understanding
of business law in order to function in the real world. Business Law Today: Comprehensive
Edition, provides the information in an interesting and contemporary way. The Twelfth Edition
continues its established tradition of being the most up-to-date text on the market.
Instructors have come to rely on the coverage, accuracy, and applicability of Business Law
Today: Comprehensive Edition. This best-selling text engages your students, solidifies their
understanding of legal concepts, and provides the best teaching tools available. I have spent
a great deal of effort making this edition more contemporary, exciting, and visually appealing
than ever before. Special pedagogical devices within the text focus on legal, ethical, global,
and corporate issues, while addressing core curriculum requirements.
The Twelfth Edition incorporates the latest legal developments and United States Supreme
Court decisions. It also includes more than fifty new features and sixty new cases, hundreds
of new examples and case examples, new exhibits, learning objectives, margin definitions,
and case problems.

New and Updated Features

The Twelfth Edition of Business Law Today: Comprehensive Edition is filled with exciting new
and updated features designed to cover current legal topics of high interest.
1. Entirely new Business Web Log features underscore the importance of the text material to
­real-world businesses. Each of these features discusses a major U.S. company that is engaged
in a dispute involving a topic covered in the chapter. Some examples include:
• Samsung and Forced Arbitration (Chapter 4)
• Amazon Faces Fake Products (Chapter 7)
• Facebook and Google in a World of Antitrust Law (Chapter 38)
2. Entirely new Business Law Analysis features appear in numerous chapters of the text. These fea-
tures are useful tools to help students master the legal analysis skills that they will need to answer
questions and case problems in the book, on exams, and in business situations. Subjects include:
• Deciding If a Court Would Impose a Quasi Contract (Chapter 10)
• Enforceability of Liquidated Damages Provisions (Chapter 17)
• When Will a Court Order the Dissolution of an LLC? (Chapter 32)
3. Entirely new hypotheticals in many chapter introductions provide a real-world link that generates
student interest and highlights specific legal concepts that will be discussed in the chapter. These
hypotheticals—often based on real cases or business situations—help to introduce and illustrate
legal issues facing managers, companies, and even industries.
4. Adapting the Law to the Online Environment features examine cutting-edge cyberlaw topics, such as:
• Does Everyone Have a Constitutional Right to Use Social Media? (Chapter 2)
• Using Twitter to Cause Seizures—A Crime? (Chapter 9)
• Programs That Predict Employee Misconduct (Chapter 33)

xiv

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 Preface xv

5. Ethical Issue features focus on the ethical aspects of a topic being discussed in order to emphasize
that ­ethics is an integral part of a business law course. Examples include:
• How Enforceable Are Click-on Agreements to Donate Funds to Charity? (Chapter 11)
• Is It Ethical (and Legal) to Brew “Imported” Beer Brands Domestically? (Chapter 23)
• Is It Fair to Classify Uber and Lyft Drivers as Independent Contractors? (Chapter 27)
6. Beyond Our Borders features illustrate how other nations deal with specific legal issues to give
­students a sense of the global legal environment. Topics include:
• Does Cloud Computing Have a Nationality? (Chapter 33)
• Can a River Be a Legal Person? (Chapter 39)
7. Managerial Strategy features emphasize the management aspects of business law and the legal
environment, such as:
• Marriage Equality and the Constitution (Chapter 2)
• The Criminalization of American Business (Chapter 9)
• The SEC’s New Pay-Ratio Disclosure Rule (Chapter 36)
8. Landmark in the Law features discuss a landmark case, statute, or development that has significantly
affected business law. Examples include:
• Palsgraf v. Long Island Railroad Co. (Chapter 5)
• The Bankruptcy Abuse Prevention and Consumer Protection Act (Chapter 26)
• Changes to Regulation A: “Reg A+” (Chapter 36)
9. Linking Business Law to [one of the six functional fields of business] features appear in select
­chapters to underscore how the law relates to other fields of business. For instance, Chapter 7
has a feature titled Linking Business Law to Marketing: Trademarks and Service Marks, and
Chapter 37 has a feature called Linking Business Law to Corporate Management: Dealing with
Administrative Law.

New Emphasis on Making Ethical

Business Decisions—The IDDR Approach
The ability of businesspersons to reason through ethical issues is now more important than
ever. For the Twelfth Edition of Business Law Today: Comprehensive Edition, I have created
a completely new f­ramework for helping students (and businesspersons) make ethical
decisions—the IDDR approach, which is introduced in Chapter 3. This systematic approach
provides students with a clear step-by-step process to analyze the legal and ethical implica-
tions of decisions that arise in everyday business operations. The IDDR approach uses four
logical steps:
• Step 1: Inquiry
• Step 2: Discussion
• Step 3: Decision
• Step 4: Review
Students can easily remember the first letter of each step by using the phrase “I Desire to Do
Right.” A completely revised Chapter 3 (Ethics in Business) details the goals of each IDDR
step and then provides a sample scenario to show students how to apply this new approach to
ethical decision making. In addition to introducing the IDDR approach, I have made Chapter 3
more current and more practical and reduced the amount of t­ heoretical ­ethical principles it
presents. The text now focuses on real-life application of ethical principles.

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 xvi Preface

After Chapter 3, to reinforce the application of the IDDR approach, students are asked
to use its steps when answering each chapter’s A Question of Ethics problem. Each of these
problems has been updated and is based on a 2017 case. In addition, the Twelfth Edition
retains the Ethical Issue feature in most chapters, many of which have been refreshed with
timely topics involving the ever-evolving technologies and trends in business.

New Cases and Case Problems

The Twelfth Edition of Business Law Today: Comprehensive Edition has new cases and case
problems from 2018 and 2017 in every chapter. The new cases have been carefully selected
to illustrate important points of law and to be of high interest to students and instructors.
I have made it a point to find recent cases that enhance learning and are straightforward
enough for business law students to understand.
Certain cases and case problems have been carefully chosen as good teaching cases and are
designated as Spotlight Cases and Spotlight Case Problems. Some examples include Spotlight
on Apple, Spotlight on Beer Labels, Spotlight on Nike, and Spotlight on the Seattle Mariners.
Instructors will find these Spotlight decisions useful to illustrate the legal concepts under
discussion, and students will enjoy studying the cases because they involve interesting and
memorable facts. Other cases have been chosen as Classic Cases because they establish a
legal precedent in a particular area of law.
Each case concludes with a section, called Critical Thinking, that includes at least one
question. Each question is labeled Ethical, Economic, Legal Environment, Political, Social, or
What If the Facts Were Different? In addition, Classic Cases include an Impact of This Case on
Today’s Law section that clarifies how the case has affected the legal environment. Suggested
answers to all case-ending questions can be found in the Solutions Manual for this text.

Many New Highlighted and Numbered Case Examples

Many instructors use cases and examples to illustrate how the law applies to business. This
edition of Business Law Today: Comprehensive Edition offers hundreds of highlighted and con-
secutively numbered Examples and Case Examples. Examples illustrate how the law applies
in a specific situation, and Case Examples present the facts and issues of an actual case and
then describe the court’s decision and rationale.
New to this edition are Spotlight Case Examples, which deal with especially high-interest
cases, and Classic Case Examples, which discuss older, landmark decisions. The numbered
Examples and Case Examples features are integrated throughout the text to help students
better understand how courts apply legal principles in the real world.

Critical Thinking and Legal Reasoning Elements

For this edition of Business Law Today: Comprehensive Edition I have included a discussion of
legal reasoning in Chapter 1. The all-new Business Law Analysis features that can be found
throughout the text emphasize legal reasoning skills as well. Critical thinking questions
conclude most of the features and cases in this text. Also, at the end of each chapter, a Debate
This question requires students to think critically about the rationale underlying the law on
a particular topic.
The chapter-ending materials also include a separate section of questions that focus on
critical thinking and writing. This section always includes a Time-Limited Group Assignment
and may also include a Critical Legal Thinking question requiring students to think critically
about some aspect of the law discussed in the chapter or a Business Law Writing question
requiring students to compose a written response.

30301_fm_hr_i-xxii.indd 16 8/31/18 3:11 PM

 Preface xvii

Answers to all critical thinking questions, as well as to the Business Scenarios and Case
Problems at the end of every chapter, are presented in the Twelfth Edition’s Solutions Manual.
In addition, the answers to one case problem in each chapter, called the Business Case
­Problem with Sample Answer, appear in Appendix E.

Other Pedagogical Devices within Each Chapter

• Learning Objectives (questions listed at the beginning of each chapter and repeated in the margins of
the text provide a framework of main chapter concepts for the student).
• Margin definitions of each boldfaced Key Term.
• Quotations and Know This (margin features).
• Exhibits (in most chapters).
• Photographs (with critical-thinking questions) and cartoons.

Chapter-Ending Pedagogy
• Practice and Review (in every chapter).
• Debate This (a statement or question at the end of Practice and Review).
• Key Terms (with appropriate page references to their margin definitions).
• Chapter Summary (in table format).
• Issue Spotters (in every chapter with answers in Appendix D).
• Business Scenarios and Case Problems (including in every chapter, a Business Case Problem with
Sample Answer that is answered in Appendix E; in selected chapters, a Spotlight Case Problem ;
and in every chapter, a new A Question of Ethics problem—based on a 2017 case—that applies this
Twelfth Edition’s IDDR approach to business ethics).
• Critical Thinking and Writing Assignments (including a Time-Limited Group Assignment in every
chapter, and a Business Law Writing or a Critical Legal Thinking question in selected chapters).

Unit-Ending Pedagogy
Each of the seven units in the Twelfth Edition of Business Law Today: Comprehensive Edition
concludes with a Task-Based Simulation. This feature presents a hypothetical business situ-
ation and then asks a series of questions about how the law applies to various actions taken
by the firm. To answer the questions, the student must apply the laws discussed throughout
the unit. (Answers are provided in the Solutions Manual.)

Supplements
Business Law Today: Comprehensive Edition provides a substantial supplements package
designed to make the tasks of teaching and learning more enjoyable and efficient. The fol-
lowing supplements are available for instructors.

MindTap Business Law for Business Law Today:

Comprehensive Edition, Twelfth Edition
MindTap™ is a fully online, highly personalized learning experience built on authoritative
Cengage Learning content. By combining readings, multimedia, activities, and assessments
into a singular Learning Path, MindTap Business Law guides students through their course
with ease and engagement. Instructors personalize the Learning Path by customizing

30301_fm_hr_i-xxii.indd 17 8/31/18 3:11 PM

 xviii Preface

Cengage Learning resources and adding their own content via apps that integrate into the
MindTap framework seamlessly with Learning Management Systems.
The MindTap Business Law product provides a four-step Learning Path, Case Repository,
Adaptive Test Prep, and an Interactive eBook designed to meet instructors’ needs while
also allowing instructors to measure skills and outcomes with ease. Each and every item is
assignable and gradable. This gives instructors knowledge of class standings and students’
mastery of concepts that may be difficult. Additionally, students gain knowledge about where
they stand—both individually and compared to the highest performers in class.

Cengage Testing Powered by Cognero

Cengage Testing Powered by Cognero is a flexible online system that allows instructors to do
the following:
• Author, edit, and manage Test Bank content from multiple Cengage Learning solutions.
• Create multiple test versions in an instant.
• Deliver tests from their Learning Management System (LMS), classroom, or wherever they want.

Start Right Away! Cengage Testing Powered by Cognero works on any operating system
or browser.
• Use your standard browser; no special installs or downloads are needed.
• Create tests from school, home, the coffee shop—anywhere with Internet access.

What Instructors Will Find

• Simplicity at every step. A desktop-inspired interface features drop-down menus and familiar, intui-
tive tools that take instructors through content creation and management with ease.
• Full-featured test generator. Create ideal assessments with a choice of fifteen question
types—including true/false, multiple choice, opinion scale/Likert, and essay. Multi-language
support, an equation editor, and unlimited metadata help ensure instructor tests are complete
and compliant.
• Cross-compatible capability. Import and export content into other systems.

Instructor’s Companion Website

The Instructor’s Companion Website contains the following supplements:
• Instructor’s Manual. Includes sections entitled “Additional Cases Addressing This Issue” at the end of
selected case synopses.
• Solutions Manual. Provides answers to all questions presented in the text, including the Learning
Objectives, the questions in each case and feature, the Issue Spotters, the Business Scenarios
and Case Problems, Critical Thinking and Writing Assignments, and the unit-ending Task-Based
­Simulation features.
• Test Bank. A comprehensive test bank contains multiple choice, true/false, and short essay
questions.
• Case-Problem Cases.
• Case Printouts.
• PowerPoint Slides.
• Lecture Outlines.
• MindTap Integrated Syllabus.
• MindTap Answer Key.

30301_fm_hr_i-xxii.indd 18 8/31/18 3:11 PM

 Preface xix

Acknowledgments

S ince I began this project many years ago, numerous business law professors and users
of Business Law Today: Comprehensive Edition have been kind enough to help me revise
the book, including the following:

John J. Balek Peter Clapp Nancy L. Hart Susan J. Mitchell

Morton College, Illinois St. Mary’s College, California Midland College, Texas Des Moines Area Community College, Iowa
John Jay Ballantine Dale Clark Mo Hassan Jim Lee Morgan
University of Colorado, Boulder Corning Community College, New York Cabrillo College, California West Los Angeles College, California
Lorraine K. Bannai Tammy W. Cowart Andy E. Hendrick Jack K. Morton
Western Washington University University of Texas, Tyler Coastal Carolina University, South Carolina University of Montana
Marlene E. Barken Stanley J. Dabrowski Janine S. Hiller Annie Laurie I. Myers
Ithaca College, New York Hudson County Community College, Virginia Polytechnic Institute & State University Northampton Community College, Pennsylvania
New Jersey
Laura Barnard Karen A. Holmes Solange North
Lakeland Community College, Ohio Sandra J. Defebaugh Hudson Valley Community College, New York Fox Valley Technical Institute, Wisconsin
Eastern Michigan University
Denise A. Bartles, J.D. Fred Ittner Jamie L. O’Brien
Missouri Western State University Patricia L. DeFrain College of Alameda, California South Dakota State University
Daryl Barton Glendale College, California
Susan S. Jarvis Ruth R. O’Keefe
Eastern Michigan University Julia G. Derrick University of Texas, Pan American Jacksonville University, Florida
Merlin Bauer Brevard Community College, Florida
Jack E. Karns Robert H. Orr
Mid State Technical College, Wisconsin Joe D. Dillsaver East Carolina University, North Carolina Florida Community College at Jacksonville
Donna E. Becker Northeastern State University, Oklahoma Sarah Weiner Keidan George Otto
Frederick Community College, Maryland Claude W. Dotson Oakland Community College, Michigan Truman College, Illinois
Richard J. Bennet Northwest College, Wyoming Richard N. Kleeberg Thomas L. Palmer
Three Rivers Community College, Solano Community College, California Northern Arizona University
Connecticut
Larry R. Edwards
Tarrant County Junior College, Bradley T. Lutz David W. Pan
Dr. Anne Berre South Campus, Texas Hillsborough Community College, Florida University of Tulsa, Oklahoma
Schreiner University, Texas
Jacolin Eichelberger Diane MacDonald Victor C. Parker, Jr.
Robert C. Bird Hillsborough Community College, Florida Pacific Lutheran University, Washington North Georgia College and State University
University of Connecticut
George E. Eigsti Darlene Mallick Donald L. Petote
Bonnie S. Bolinger Kansas City, Kansas, Community College Anne Arundel Community College, Maryland Genesee Community College, New York
Ivy Tech Community College, Wabash Valley
Region, Indiana Florence E. Elliott-Howard John D. Mallonee Francis D. Polk
Stephen F. Austin State University, Texas Manatee Community College, Florida Ocean County College, New Jersey
Brad Botz
Garden City Community College, Kansas Tony Enerva Joseph D. Marcus Gregory Rabb
Lakeland Community College, Ohio Prince George’s Community College, Maryland Jamestown Community College, New York
Teresa Brady
Holy Family College, Pennsylvania Benjamin C. Fassberg Woodrow J. Maxwell Brad Reid
Prince George’s Community College, Maryland Hudson Valley Community College, New York Abilene Christian University, Texas
Dean Bredeson
University of Texas at Austin Joseph L. Flack Diane May Anne Montgomery Ricketts
Washtenaw Community College, Michigan Winona State University, Minnesota University of Findlay, Ohio
Lee B. Burgunder
California Polytechnic University, Jerry Furniss Beverly McCormick Donald A. Roark
San Luis Obispo University of Montana Morehead State University, Kentucky University of West Florida

Thomas D. Cavenagh Joan Gabel William J. McDevitt Hugh Rode

North Central College, Illinois Florida State University Saint Joseph’s University, Pennsylvania Utah Valley State College

Bradley D. Childs Elizabeth J. Guerriero John W. McGee Gerald M. Rogers

Belmont University, Tennessee Northeast Louisiana University Aims Community College, Colorado Front Range Community College, Colorado

Corey Ciocchetti Phil Harmeson James K. Miersma Dr. William J. Russell

University of Denver, Colorado University of South Dakota Milwaukee Area Technical Institute, Wisconsin Northwest Nazarene University, Idaho

30301_fm_hr_i-xxii.indd 19 8/31/18 3:11 PM

 xx Preface

William M. Rutledge Denise Smith Frederick J. Walsh Lori Whisenant

Macomb Community College, Michigan Missouri Western State College Franklin Pierce College, New Hampshire University of Houston, Texas
Martha Wright Sartoris Hugh M. Spall James E. Walsh, Jr. Kay O. Wilburn
North Hennepin Community College, Minnesota Central Washington University Tidewater Community College, Virginia The University of Alabama at Birmingham
Anne W. Schacherl Catherine A. Stevens Randy Waterman John G. Williams, J.D.
Madison Area Technical College, Wisconsin College of Southern Maryland Northwestern State University, Louisiana
Richland College, Texas
Edward F. Shafer Maurice Tonissi James L. Wittenbach
Rochester Community College, Minnesota Quinsigamond Community College, Jerry Wegman University of Notre Dame, Indiana
Massachusetts University of Idaho
Lance Shoemaker, J.D., Eric D. Yordy
M.C.P., M.A. James D. Van Tassel Edward L. Welsh, Jr. Northern Arizona University
West Valley College, California Mission College, California Phoenix College, Arizona
Joseph Zavaglia, Jr.
Lou Ann Simpson Russell A. Waldon Clark W. Wheeler Brookdale Community College,
Drake University, Iowa College of the Canyons, California Santa Fe Community College, Florida New Jersey

In addition, I give my thanks to the staff at Cengage Learning, especially Vicky True-Baker, senior
product manager; Bryan Gambrel, product director; Martha Conway, senior content manager;
Sarah Huber, learning designer; Jennifer Chinn, digital delivery lead; Lisa Elliott, subject
matter expert; and Christian Wood, product assistant. I also thank Andy Miller in marketing;
Jillian Shafer, permissions project manager; and Jennifer Bowes, permissions analyst. Addi-
tionally, I would like to thank project managers Ann Borman and Phil Scott at SPi Global,
our compositor, for accurately generating pages for the text and making it possible for me
to meet my ambitious schedule for the print and digital products.
I give special thanks to Katherine Marie Silsbee for managing the project and providing
exceptional research and ­editorial skills. I also thank William Eric Hollowell, ­co-­author of
the Solutions Manual and Test Bank, for his excellent research efforts. I am grateful for the
copyediting services of Jeanne Yost and proofreading services of Beverly Peavler. I also thank
Vickie Reierson, Roxanna Lee, and Suzanne Jasin for their many efforts on this project and
for helping to ensure an error-free text.
Roger LeRoy Miller

30301_fm_hr_i-xxii.indd 20 8/31/18 3:11 PM

 Dedication

To Darlene Young,

The memories will always be there.

The good thoughts from the past, too.
We are all richer because of them.

R.L.M.

30301_fm_hr_i-xxii.indd 21 8/31/18 3:11 PM

30301_fm_hr_i-xxii.indd 22 8/31/18 3:11 PM
 Unit 1
The Legal
­Environment of
Business

1 Law and Legal Reasoning

2 Constitutional Law
3 Ethics in Business
4 Courts and Alternative Dispute Resolution
5 Tort Law
6 Product Liability
7 Intellectual Property Rights
Michal Kalasek/Shutterstock.com

8 Internet Law, Social Media, and Privacy

9 Criminal Law and Cyber Crime

30301_ch01_hr_001-030.indd 1 8/31/18 3:08 PM


Learning Objectives
1 Law and Legal Reasoning
The four Learning Objectives below are
designed to help improve your under-
standing. After reading this chapter, you
should be able to answer the following
questions:
1. What are four primary
sources of law in the
United States?
2. What is a precedent? When
might a court depart from
precedent?
3. What is the difference
between remedies at law
and remedies in equity?
4. What are some important
differences between civil
law and criminal law?
Law A body of enforceable rules
governing relationships among
­individuals and between individuals
and their society.
2
30301_ch01_hr_001-030.indd 2
Feverpitched/iStock/Getty Images
“Laws should be like In the chapter-opening quotation, Clarence Darrow
clothes. They should asserts that law should be created to serve the public.
Because you are part of that public, the law is important
be made to fit the to you. In particular, those entering the world of busi-
people they are ness will find themselves subject to numerous laws and
government regulations. A basic knowledge of these laws
meant to serve.”
and regulations is beneficial—if not essential—to any-
Clarence Darrow one contemplating a successful career in today’s business
1857–1938
(American lawyer)
environment.
Although the law has various definitions, all of them are
based on the general observation that law consists of enforce-
able rules governing relationships among individuals and between individuals and their society.
In some societies, these enforceable rules consist of unwritten principles of behavior.
In other societies, they are set forth in ancient or contemporary law codes. In the United
States, our rules consist of written laws and court decisions created by modern legislative
and judicial bodies. Regardless of how such rules are created, they all have one feature in
common: they establish rights, duties, and privileges that are consistent with the values and
beliefs of a society or its ruling group.
In this introductory chapter, we look at how business law and the legal environment
affect business decisions. For instance, suppose that Hellix Communications, Inc., wants
to buy a competing cellular company. It also wants to offer unlimited data plans once it
has acquired this competitor. Management fears that if the company does not expand, one
of its bigger rivals will put it out of business. But Hellix Communications cannot simply
buy its rivals. Nor can it just offer a low-cost cell-phone plan to its customers. It has to
follow the laws pertaining to its proposed actions. Some of these laws (or regulations)
depend on interpretations by those running various regulatory federal agencies. The rules
8/31/18 3:08 PM
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 TRANSCRIBER’S NOTES
1. Moved ads prior to the title page to the end of the text.
2. Silently corrected obvious typographical errors and
variations in spelling.
3. Retained archaic, non-standard, and uncertain spellings
as printed.
4. Re-indexed footnotes using numbers.
5. On page 87, “are as on pages .” is printed that way.