SOLUTION MANUAL AND ANSWER GUIDE FOR
Business Law: Text and Cases (THIRTEENTH EDITION) 13th Edition by Kenneth
Clarkson Roger Miller Frank Cross || ALL CHAPTERS|| 978-1285185248 COMPLETE GUIDE
13TH EDITION
,Chapter 1: Legal And Constitutional Foundations Of Business
—Appendix To Chapter 1: Finding And Analyzing The Law
Chapter 2: Courts And Alternative Dispute Resolution
Chapter 3: Ethics In Business
—Appendix To Chapter 3: Code Of Ethics Example
Chapter 4: Tort Law
Chapter 5: Intellectual Property Rights
Chapter 6: Internet Law, Social Media, And Privacy
Chapter 7: Criminal Law And Cyber Crime
Chapter 8: Agreement And Consideration In Contracts
Chapter 9: Capacity, Legality, And Enforceability
Chapter 10: Contract Performance, Breach, And Remedies
Chapter 11: Sales And Lease Contracts
Chapter 12: Performance And Breach In Sales And Lease Contracts
Chapter 13: Negotiable Instruments
Chapter 14: Banking
Chapter 15: Creditors’ Rights And Bankruptcy
Chapter 16: Agency Relationships In Business
Chapter 17: Employment Law
Chapter 18: The Entrepreneur’s Options
Chapter 19: Corporations
Chapter 20: Investor Protection, Insider Trading, And Corporate
Governance
Chapter 21: Antitrust Law And Promoting Competition Chapter 22:
Consumer Law
Chapter 23: Personal Property, Bailments, And Insurance
Chapter 24: Real Property And Environmental Law
Chapter 25: International And Space Law
,Chapter 01: Legal And Constitutional Foundations Of Business
Table Of Contents
Critical Thinking Questions In Features ......................................................................................................... 1
Adapting The Law To The Online Environment ......................................................................................... 1
Critical Thinking Questions In Cases .............................................................................................................. 2
Case 1.1 ..................................................................................................................................................... 2
Case 1.2 ..................................................................................................................................................... 3
Case 1.3 ..................................................................................................................................................... 3
Chapter Review ............................................................................................................................................. 4
Practice And Review .................................................................................................................................. 4
Practice And Review: Debate This ............................................................................................................. 5
Issue Spotters ............................................................................................................................................ 5
Business Scenarios And Case Problems..................................................................................................... 5
Critical Thinking And Writing Assignments.............................................................................................. 10
Critical Thinking Questions In Appendix Exhibit 1a–3 ................................................................................. 11
Exhibit 1a–3 ............................................................................................................................................. 11
Critical Thinking Questions In Features
Adapting The Law To The Online Environment
1. One Observer Has Said That The American Legal System Should Evaluate Social Media Companies Based
On How ―They Affect Us As Citizens, Not Only [On How] They Affect Us As Consumers.‖ What Is Your
Opinion Of This Statement?
SOLUTION>>
The Person Who Made This Statement Clearly Sees A ―Citizen‖ As Having Different Motivations And
Concerns Than A ―Consumer.‖ Presumably, A Citizen Is Mostly Concerned With The Good Of Society As A
Whole, And Therefore Would Be Open To The Idea Of Government Regulation That Restricted The
Negative Influence Of Social Media, Regardless Of The First Amendment. A Consumer, By Contrast, Would
Be Primarily Concerned With Having A Marketplace That Offers The Widest Possible Varieties Of Freedom
(Of Choice, Of Speech, Etc.) And Would For That Reason Be Opposed To Government Regulation Of Social
Media. There Is, However, An Argument To Be Made That The Citizens That Make Up A Society Benefit
When The Marketplace Of Ideas— Whether They Are Subjectively
―Positive‖ Or ―Negative‖—Is Allowed To Flourish In The Absence Of Government Regulation.
2. Tim Cook, Apple‘S Chief Operating Officer, Has Suggested That The United States Congress Should
Pass A Law Limiting The Ability Of Apple And Other Tech Countries To Keep Consumer Data Private.
Why Would A Business Executive Make Such A Request?
, SOLUTION>>
Cook May Have Wanted To End A Controversy That Puts Apple Squarely At Odds With The Federal
Government. After All, Large Companies Such As Apple Rely On Favorable Treatment From The
Government In Regulatory Matters, International Trade Agreements, And Many Other Areas. Also, Large
Corporations Such As Apple Sometimes Gain An Advantage Over Competitors When Their Industries Are
Regulated. For Example, Apple Has Significant Resources With Which To Lobby Congress For Favorable
Treatment, And It Is Better Positioned To Bear The Costs Of Regulation Than Are Other, Smaller Tech
Companies. Finally, Apple‘S Position As A Champion Of Consumer Privacy Would Be Damaged If It
―Caved‖ And Changed Its Stance Without Being Forced To Do So By A New Federal Law.
Critical Thinking Questions In Cases
Case 1.1
1. What ―Dangerous Conditions‖ Might Have Prompted The City To Enact The Ordinances At Issue In
This Case? Why?
SOLUTION>>
As Noted In The Facts Of The Case, Both Ordinances At Issue Included An Extensive Rationale For
Their Adoption, Stating Essentially That A Geographically Small City Has The Right To Restrict A
Business From Operating Within The City When The Restriction Is For The Safety Of The City‘S Citizens
And Visitors.
The Appellate Court Referred To ―The Dangerous Conditions‖ Created By The Irresponsible Driving
Behavior Of Scooter Renters, Especially At Night, Amplified By The Lack Of Training, Supervision, And
Oversight Practiced By The Rental Scooter Businesses That ―Existed Throughout The Entire City‖ As The
Basis For The City‘S Regulation. The Court Paraphrased The Expressive Clauses In The Ordinances More
Specifically:
• The City Is Geographically Small And Crowded And Is Being Besieged By Inexperienced Scooter Drivers
Seeking Amusement And Driving In A Dangerous Manner.
• The City Is A Tourist Destination Frequented By Tens Of Thousands, And Its Streets Are Congested
By Scooters That Are Being Driven Illegally And In Areas Where They Are Not Permitted.
• The City‘S Residents And Visitors Are Put In Dangerous Situations As A Result Of The Improper
Use Of Scooters, Especially At Night.
• City Businesses Have Complained About Numerous Trespasses On Their Property By People
Driving Scooters While Being Disruptive
• City Police Have Been Unable To Cope With The Situation And Essential Police Resources Are
Being Drained.
• The City Has Been Unable To Control The Situation Through Less Restrictive Means.
Business Law: Text and Cases (THIRTEENTH EDITION) 13th Edition by Kenneth
Clarkson Roger Miller Frank Cross || ALL CHAPTERS|| 978-1285185248 COMPLETE GUIDE
13TH EDITION
,Chapter 1: Legal And Constitutional Foundations Of Business
—Appendix To Chapter 1: Finding And Analyzing The Law
Chapter 2: Courts And Alternative Dispute Resolution
Chapter 3: Ethics In Business
—Appendix To Chapter 3: Code Of Ethics Example
Chapter 4: Tort Law
Chapter 5: Intellectual Property Rights
Chapter 6: Internet Law, Social Media, And Privacy
Chapter 7: Criminal Law And Cyber Crime
Chapter 8: Agreement And Consideration In Contracts
Chapter 9: Capacity, Legality, And Enforceability
Chapter 10: Contract Performance, Breach, And Remedies
Chapter 11: Sales And Lease Contracts
Chapter 12: Performance And Breach In Sales And Lease Contracts
Chapter 13: Negotiable Instruments
Chapter 14: Banking
Chapter 15: Creditors’ Rights And Bankruptcy
Chapter 16: Agency Relationships In Business
Chapter 17: Employment Law
Chapter 18: The Entrepreneur’s Options
Chapter 19: Corporations
Chapter 20: Investor Protection, Insider Trading, And Corporate
Governance
Chapter 21: Antitrust Law And Promoting Competition Chapter 22:
Consumer Law
Chapter 23: Personal Property, Bailments, And Insurance
Chapter 24: Real Property And Environmental Law
Chapter 25: International And Space Law
,Chapter 01: Legal And Constitutional Foundations Of Business
Table Of Contents
Critical Thinking Questions In Features ......................................................................................................... 1
Adapting The Law To The Online Environment ......................................................................................... 1
Critical Thinking Questions In Cases .............................................................................................................. 2
Case 1.1 ..................................................................................................................................................... 2
Case 1.2 ..................................................................................................................................................... 3
Case 1.3 ..................................................................................................................................................... 3
Chapter Review ............................................................................................................................................. 4
Practice And Review .................................................................................................................................. 4
Practice And Review: Debate This ............................................................................................................. 5
Issue Spotters ............................................................................................................................................ 5
Business Scenarios And Case Problems..................................................................................................... 5
Critical Thinking And Writing Assignments.............................................................................................. 10
Critical Thinking Questions In Appendix Exhibit 1a–3 ................................................................................. 11
Exhibit 1a–3 ............................................................................................................................................. 11
Critical Thinking Questions In Features
Adapting The Law To The Online Environment
1. One Observer Has Said That The American Legal System Should Evaluate Social Media Companies Based
On How ―They Affect Us As Citizens, Not Only [On How] They Affect Us As Consumers.‖ What Is Your
Opinion Of This Statement?
SOLUTION>>
The Person Who Made This Statement Clearly Sees A ―Citizen‖ As Having Different Motivations And
Concerns Than A ―Consumer.‖ Presumably, A Citizen Is Mostly Concerned With The Good Of Society As A
Whole, And Therefore Would Be Open To The Idea Of Government Regulation That Restricted The
Negative Influence Of Social Media, Regardless Of The First Amendment. A Consumer, By Contrast, Would
Be Primarily Concerned With Having A Marketplace That Offers The Widest Possible Varieties Of Freedom
(Of Choice, Of Speech, Etc.) And Would For That Reason Be Opposed To Government Regulation Of Social
Media. There Is, However, An Argument To Be Made That The Citizens That Make Up A Society Benefit
When The Marketplace Of Ideas— Whether They Are Subjectively
―Positive‖ Or ―Negative‖—Is Allowed To Flourish In The Absence Of Government Regulation.
2. Tim Cook, Apple‘S Chief Operating Officer, Has Suggested That The United States Congress Should
Pass A Law Limiting The Ability Of Apple And Other Tech Countries To Keep Consumer Data Private.
Why Would A Business Executive Make Such A Request?
, SOLUTION>>
Cook May Have Wanted To End A Controversy That Puts Apple Squarely At Odds With The Federal
Government. After All, Large Companies Such As Apple Rely On Favorable Treatment From The
Government In Regulatory Matters, International Trade Agreements, And Many Other Areas. Also, Large
Corporations Such As Apple Sometimes Gain An Advantage Over Competitors When Their Industries Are
Regulated. For Example, Apple Has Significant Resources With Which To Lobby Congress For Favorable
Treatment, And It Is Better Positioned To Bear The Costs Of Regulation Than Are Other, Smaller Tech
Companies. Finally, Apple‘S Position As A Champion Of Consumer Privacy Would Be Damaged If It
―Caved‖ And Changed Its Stance Without Being Forced To Do So By A New Federal Law.
Critical Thinking Questions In Cases
Case 1.1
1. What ―Dangerous Conditions‖ Might Have Prompted The City To Enact The Ordinances At Issue In
This Case? Why?
SOLUTION>>
As Noted In The Facts Of The Case, Both Ordinances At Issue Included An Extensive Rationale For
Their Adoption, Stating Essentially That A Geographically Small City Has The Right To Restrict A
Business From Operating Within The City When The Restriction Is For The Safety Of The City‘S Citizens
And Visitors.
The Appellate Court Referred To ―The Dangerous Conditions‖ Created By The Irresponsible Driving
Behavior Of Scooter Renters, Especially At Night, Amplified By The Lack Of Training, Supervision, And
Oversight Practiced By The Rental Scooter Businesses That ―Existed Throughout The Entire City‖ As The
Basis For The City‘S Regulation. The Court Paraphrased The Expressive Clauses In The Ordinances More
Specifically:
• The City Is Geographically Small And Crowded And Is Being Besieged By Inexperienced Scooter Drivers
Seeking Amusement And Driving In A Dangerous Manner.
• The City Is A Tourist Destination Frequented By Tens Of Thousands, And Its Streets Are Congested
By Scooters That Are Being Driven Illegally And In Areas Where They Are Not Permitted.
• The City‘S Residents And Visitors Are Put In Dangerous Situations As A Result Of The Improper
Use Of Scooters, Especially At Night.
• City Businesses Have Complained About Numerous Trespasses On Their Property By People
Driving Scooters While Being Disruptive
• City Police Have Been Unable To Cope With The Situation And Essential Police Resources Are
Being Drained.
• The City Has Been Unable To Control The Situation Through Less Restrictive Means.
