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➢ TABLE OF CONTENTSHE HE
Chapter 1. Today’s Business Environment: Law and Ethics
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, ➢ Chapter 2. The Court Systems
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➢ Chapter 3. Trials and Resolving Disputes
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➢ Chapter 4. The Constitution: Focus on Application to Business
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➢ Chapter 5. Criminal Law and Business
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➢ Chapter 6. Elements of Torts
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➢ Chapter 7. Business Torts and Product Liability
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➢ Chapter 8. Real and Personal Property
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➢ Chapter 9. Intellectual Property
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➢ Chapter 10. Contracts
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➢ Chapter 11. Domestic and International Sales
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➢ Chapter 12. Business Organizations
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➢ Chapter 13. Negotiable Instruments, Credit, and Bankruptcy
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➢ Chapter 14. Agency and the Employment Relationship
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➢ Chapter 15. Employment and Labor Regulations
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➢ Chapter 16. Employment Discrimination
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➢ Chapter 17. The Regulatory Process
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➢ Chapter 18. Securities Regulation
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➢ Chapter 19. Consumer Protection
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➢ Chapter 20. Antitrust Law
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➢ Chapter 21. Environmental Law
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➢ Chapter 22. The International Legal Environment of Business
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CHAPTER 1 HE
, Table of Contents HE HE
Answer to Discussion Question ................................................................................................................... 1
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Answers to Case Questions.......................................................................................................................... 1
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Answers to Ethics and Social Questions...................................................................................................... 3
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Answer to Discussion Question HE HE HE
Should the common law maxim “Ignorance of the law is no excuse” apply to an immigrant who speakslittle Eng
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lish and was not educated in the United States? How about for a tourist who does not speak English? Everyon
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e knows criminal acts are prohibited, but what about subtler rules that differ across countries and so may be
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misunderstood by foreigners? HE HE
Answer: It is generally true that ignorance of the law is no excuse. Citizens are deemed to have constructive
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knowledge of the law. Yet, as well known as this rule is, it is surprising how often it is proffered as an e
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xcuse. (A Westlaw search cases finds hundreds of examples). Examples include: Deluco v. Dezi (Conn. Su
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per) (lack of knowledge regarding the state‘s usury laws is no excuse for the inclusion of an illegal intere
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st rate in a sales contract); and Plumlee v. Paddock (ignorance of thefact that the subject matter of the
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contract was illegal was not excuse). The courts have provided a small exception to the rule when it co
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mes to people in lack of English language skills. Consider Flanery v. Kuska, (defendant did not speak Engl
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ish was advised by a friend that an answer to a complaint was not required); Ramon v. Dept. of Transpo
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rtation, (no English and an inability to understand the law required for an excuse); Yurechko v. County of
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Allegheny, (Ignorance and with the fact that the municipality suffered no hardship in late lawsuit filing
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was an excuse). HE HE
Answers to Case Questions HE HE HE
1. Facts from an English judge’s decision in 1884: “The crew of an English yacht.................were cast away in
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a storm on the high seas . . . and were compelled to put into an open boat............. They had no supply
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of water and no supply of food. . . . That on the eighteenth day . . . they........... suggested that one
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should be sacrificed to save the rest. . . . That next day . . . they . . . went to the boy ........... put a knife
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into his throat and killed him . . . the three men fed upon the body ..........of the boy for four days; [then]
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the boat was picked up by a passing vessel, and [they] were rescued. . . . and committed for trial. . . .
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if the men had not fed upon the body of the boy they would probably not have survived to be sopic
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ked up and rescued, but would .............. have died of famine. The boy, being in a much weaker
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condition, was likely to have died before them ........... The real question in this case [is] whether killing
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under the conditions set forth ......... be or be not murder.” Do you consider the acts to be immoral?
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[Regina v. Dudley and Stephens, 14 Queens Bench Division 273 (1884)]
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Answer: This points out that the legal system has limits. Its acceptability is dictated by legal culture--
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whichdetermines whether law will be enforced, obeyed, avoided, or abused. It is limited by the informal
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rules of the society-- HE HE HE
its customs and values. One limit is the extent to which society will allow the formal rules to be imposed
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when a crime is committed in odd circumstances. Here there was an intentional murder. Does the motiv
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e for the murder, the effort to save several lives by sacrificing one
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➢ TABLE OF CONTENTSHE HE
Chapter 1. Today’s Business Environment: Law and Ethics
HE HE HE HE HE HE HE
, ➢ Chapter 2. The Court Systems
HE HE HE HE
➢ Chapter 3. Trials and Resolving Disputes
HE HE HE HE HE
➢ Chapter 4. The Constitution: Focus on Application to Business
HE HE HE HE HE HE HE HE
➢ Chapter 5. Criminal Law and Business
HE HE HE HE HE
➢ Chapter 6. Elements of Torts
HE HE HE HE
➢ Chapter 7. Business Torts and Product Liability
HE HE HE HE HE HE
➢ Chapter 8. Real and Personal Property
HE HE HE HE HE
➢ Chapter 9. Intellectual Property
HE HE HE
➢ Chapter 10. Contracts
HE HE
➢ Chapter 11. Domestic and International Sales
HE HE HE HE HE
➢ Chapter 12. Business Organizations
HE HE HE
➢ Chapter 13. Negotiable Instruments, Credit, and Bankruptcy
HE HE HE HE HE HE
➢ Chapter 14. Agency and the Employment Relationship
HE HE HE HE HE HE
➢ Chapter 15. Employment and Labor Regulations
HE HE HE HE HE
➢ Chapter 16. Employment Discrimination
HE HE HE
➢ Chapter 17. The Regulatory Process
HE HE HE HE
➢ Chapter 18. Securities Regulation
HE HE HE
➢ Chapter 19. Consumer Protection
HE HE HE
➢ Chapter 20. Antitrust Law
HE HE HE
➢ Chapter 21. Environmental Law
HE HE HE
➢ Chapter 22. The International Legal Environment of Business
HE HE HE HE HE HE HE
CHAPTER 1 HE
, Table of Contents HE HE
Answer to Discussion Question ................................................................................................................... 1
HE HE HE
Answers to Case Questions.......................................................................................................................... 1
HE HE HE
Answers to Ethics and Social Questions...................................................................................................... 3
HE HE HE HE HE
Answer to Discussion Question HE HE HE
Should the common law maxim “Ignorance of the law is no excuse” apply to an immigrant who speakslittle Eng
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE EH HE
lish and was not educated in the United States? How about for a tourist who does not speak English? Everyon
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
e knows criminal acts are prohibited, but what about subtler rules that differ across countries and so may be
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
misunderstood by foreigners? HE HE
Answer: It is generally true that ignorance of the law is no excuse. Citizens are deemed to have constructive
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
knowledge of the law. Yet, as well known as this rule is, it is surprising how often it is proffered as an e
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
xcuse. (A Westlaw search cases finds hundreds of examples). Examples include: Deluco v. Dezi (Conn. Su
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
per) (lack of knowledge regarding the state‘s usury laws is no excuse for the inclusion of an illegal intere
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
st rate in a sales contract); and Plumlee v. Paddock (ignorance of thefact that the subject matter of the
HE HE HE HE HE HE HE HE HE HE HE HE EH HE HE HE HE HE HE HE
contract was illegal was not excuse). The courts have provided a small exception to the rule when it co
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
mes to people in lack of English language skills. Consider Flanery v. Kuska, (defendant did not speak Engl
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
ish was advised by a friend that an answer to a complaint was not required); Ramon v. Dept. of Transpo
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
rtation, (no English and an inability to understand the law required for an excuse); Yurechko v. County of
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
Allegheny, (Ignorance and with the fact that the municipality suffered no hardship in late lawsuit filing
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
was an excuse). HE HE
Answers to Case Questions HE HE HE
1. Facts from an English judge’s decision in 1884: “The crew of an English yacht.................were cast away in
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
a storm on the high seas . . . and were compelled to put into an open boat............. They had no supply
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
of water and no supply of food. . . . That on the eighteenth day . . . they........... suggested that one
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
should be sacrificed to save the rest. . . . That next day . . . they . . . went to the boy ........... put a knife
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
into his throat and killed him . . . the three men fed upon the body ..........of the boy for four days; [then]
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
the boat was picked up by a passing vessel, and [they] were rescued. . . . and committed for trial. . . .
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
if the men had not fed upon the body of the boy they would probably not have survived to be sopic
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE EH
ked up and rescued, but would .............. have died of famine. The boy, being in a much weaker
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
condition, was likely to have died before them ........... The real question in this case [is] whether killing
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
under the conditions set forth ......... be or be not murder.” Do you consider the acts to be immoral?
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
[Regina v. Dudley and Stephens, 14 Queens Bench Division 273 (1884)]
HE HE HE HE HE HE HE HE HE HE
Answer: This points out that the legal system has limits. Its acceptability is dictated by legal culture--
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
whichdetermines whether law will be enforced, obeyed, avoided, or abused. It is limited by the informal
EH HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
rules of the society-- HE HE HE
its customs and values. One limit is the extent to which society will allow the formal rules to be imposed
HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE H
when a crime is committed in odd circumstances. Here there was an intentional murder. Does the motiv
E HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE HE
e for the murder, the effort to save several lives by sacrificing one
HE HE HE HE HE HE HE HE HE HE HE HE
