SOLUTION MANUAL
Business Law with UCC Applications
Paul A. Sukys
16th Edition
PR
O
FD
O
C
1|P age
,Table of Contents
1. Ethics and the Law
2. Sources of the Law
3. The Judicial Process and Cyber-Procedure
4. Alternative Dispute Resolution and Cyber-ADR
5. Criminal Law and Cybercrimes
6. Tort Law and Cybertorts
7. The Essentials of Contract Law
8. Offer, Acceptance, and Mutual Assent
9. Consideration and Cyber-Payments
10. Capacity and Legality: The Final Elements
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11. Written Contracts and Cyber-Commerce
12. Assignment, Discharge, and Remedies
13. Sales Contracts: Formation, Title, and Risk of Loss
14. Sales Contracts: Rights, Duties, Breach, and Warranties
15. Product Liability and Consumer Protection
16. The Nature of Negotiable Instruments
O
17. Holders in Due Course, Defenses, and Liabilities
18. Bank–Depositor Relationships and Cyber-Banking
19. Insurance
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20. Mortgages, Land Contracts, and the 21st-Century Financial Crisis
21. Bankruptcy Law: In Theory, in History, and in Practice
22. Agency Law
23. Employment Law
24. Labor Law
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25. The Business Entity: An Introduction
26. The Corporate Entity
27. Managing the Corporate Entity
28. Government Regulation of the Corporate Entity
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29. Personal Property and Bailments
30. Real Property and Landlord and Tenant Law
31. Wills, Advance Directives, and Trusts
32. Professional Liability
33. Science, Technology, and Law in the 21st Century
34. International Law and the New World Order
2|P age
, Chapter 1
Answers to Text Problems
PART 1 ETHICS, LAW, AND THE JUDICIAL SYSTEM
Chapter 1 Ethics, Social Responsibility, and the Law
Case in Point Questions
(Note: The answers to these questions can be found in the Case in Point features at the opening of each
chapter in BLUCCA 16 or in the text of each chapter. Consequently, to ensure accuracy, the answers are
taken directly from the Cases in Point feature and/or the text. Student answers should reflect this, but
should either be written in the student‗s own words or, when quoted, cited appropriately.)
1. Answers will vary. Accept all well-reasoned answers based on one of the ethical options covered
PR
in Chapter 1.
2. Answers will vary. Accept all well-reasoned answers based on one of the ethical options covered
in Chapter 1.
3. Answers will vary. Accept all well-reasoned answers based on one of the ethical options covered
O
in Chapter 1.
4. Yes. Max Weber argues that two-levels of morality exist, represented by the ethic of ultimate
FD
ends for individuals and an ethic of responsibility for national leaders. The ethic of ultimate ends must be
practiced by individuals because individuals can never completely foresee ―the ultimate ends of their
actions. Therefore, individuals must obey absolute moral precepts, such as ―always help the poor and
less fortunate, or "turn the other cheek," or "always tell the truth, despite the fact that the ultimate
consequences of those actions are unclear or uncomfortable.
O
On the other hand, the ethic of responsibility demands that moral actors—in this case, national leaders—
must consider their responsibilities to those people who depend on those leaders for safety and security.
So, for example, if a neighboring nation is belligerent, aggressive, or determined to fight ancient cultural,
C
religious, and ethnic wars, the leaders of the first nation cannot ignore that threat, as much as they might
want to. In short, they are not permitted to ―turn the other cheek because to do so would endanger the
innocent people they have the duty to protect. Unfortunately, many national leaders fail to see this
distinction. The leaders of the United States have been especially guilty of this shortsightedness.
5. The existence of the social contract permits people to live together in peace and harmony, but it
does not permit anyone, not even the leader, to violate the core rights of life and security. Should a leader
consistently violate core rights, then the people have a duty to demand that such oppressive and
dangerous behavior end.
3|P age
, Questions for Review and Discussion
1. The law is a set of rules made by the government to promote stability, harmony, and justice.
Morality involves the values that are the foundation for moral decision making. Ethics is a way to figure
out what those values might be.
2. Traditional natural law sees law as originating from an objective, superior force that stands
outside the everyday experience of most people. Historically, natural law had its origin in the classical
Judeo-Christian belief in a Divinity that created, controls, and rules the physical universe according to a
set of universal laws that came from the will of the Divinity. Similarly, modern natural law also sees law
as originating from an objective origin point; however, that origin point is neither transcendent nor
supernatural but is, instead, conceived of by the human mind. Thus, the source of natural law comes from
within the mind of social philosophers, such as Thomas Hobbes, Jean Jacques Rousseau, Immanuel Kant,
and Jean Paul Sartre, each of whom claimed to have found the correct objective standard of human
morality.
PR
3. Non-judgmentalism is the tendency to be tolerant of every type of behavior even the most
reprehensible acts imaginable, so that, in turn, your own most reprehensible actions will not be judged by
others. In contrast, hyper-intolerance can be defined as open hostility to the views, ideas, traditions, and
O
principles of belief held and practiced by others.
4. The social contract option holds that right and wrong are measured by the obligations imposed on
FD
everyone by an implied agreement or contract among all the people within a particular social system.
5. The steps in applying utilitarianism are as follows:
a. The action to be evaluated should be stated in unemotional, general terms. For example,
―stealing another person‗s property is emotional language;
O
―confiscating property for one‗s own use is somewhat less emotional.
b. Every person or class of people that will be affected by the action must be identified.
C
c. Good and bad consequences in relation to those people affected must be considered.
d. All alternatives to the action stated in step 1 must be considered.
e. Once step 4 has been carried out, a conclusion must be reached. Whichever alternative creates the
greatest good for the greatest number of people affected by the action is the one that ought to be taken.
6. The rational option is a philosophical theory that asserts unequivocally that human beings,
because of their innate capacity for rational thought, can determine the nature and application of ethical
values. The theory assumes that because all human beings are rational, all human beings ought to have the
same ethical values. Therefore, rational ethics can establish universal rules of behavior that always apply
to all people. For this reason, the rational option is often referred to as objective ethics or normative
ethics. Since the rational option also focuses on duties rather than rights, it is also called deontological
4|P age
Business Law with UCC Applications
Paul A. Sukys
16th Edition
PR
O
FD
O
C
1|P age
,Table of Contents
1. Ethics and the Law
2. Sources of the Law
3. The Judicial Process and Cyber-Procedure
4. Alternative Dispute Resolution and Cyber-ADR
5. Criminal Law and Cybercrimes
6. Tort Law and Cybertorts
7. The Essentials of Contract Law
8. Offer, Acceptance, and Mutual Assent
9. Consideration and Cyber-Payments
10. Capacity and Legality: The Final Elements
PR
11. Written Contracts and Cyber-Commerce
12. Assignment, Discharge, and Remedies
13. Sales Contracts: Formation, Title, and Risk of Loss
14. Sales Contracts: Rights, Duties, Breach, and Warranties
15. Product Liability and Consumer Protection
16. The Nature of Negotiable Instruments
O
17. Holders in Due Course, Defenses, and Liabilities
18. Bank–Depositor Relationships and Cyber-Banking
19. Insurance
FD
20. Mortgages, Land Contracts, and the 21st-Century Financial Crisis
21. Bankruptcy Law: In Theory, in History, and in Practice
22. Agency Law
23. Employment Law
24. Labor Law
O
25. The Business Entity: An Introduction
26. The Corporate Entity
27. Managing the Corporate Entity
28. Government Regulation of the Corporate Entity
C
29. Personal Property and Bailments
30. Real Property and Landlord and Tenant Law
31. Wills, Advance Directives, and Trusts
32. Professional Liability
33. Science, Technology, and Law in the 21st Century
34. International Law and the New World Order
2|P age
, Chapter 1
Answers to Text Problems
PART 1 ETHICS, LAW, AND THE JUDICIAL SYSTEM
Chapter 1 Ethics, Social Responsibility, and the Law
Case in Point Questions
(Note: The answers to these questions can be found in the Case in Point features at the opening of each
chapter in BLUCCA 16 or in the text of each chapter. Consequently, to ensure accuracy, the answers are
taken directly from the Cases in Point feature and/or the text. Student answers should reflect this, but
should either be written in the student‗s own words or, when quoted, cited appropriately.)
1. Answers will vary. Accept all well-reasoned answers based on one of the ethical options covered
PR
in Chapter 1.
2. Answers will vary. Accept all well-reasoned answers based on one of the ethical options covered
in Chapter 1.
3. Answers will vary. Accept all well-reasoned answers based on one of the ethical options covered
O
in Chapter 1.
4. Yes. Max Weber argues that two-levels of morality exist, represented by the ethic of ultimate
FD
ends for individuals and an ethic of responsibility for national leaders. The ethic of ultimate ends must be
practiced by individuals because individuals can never completely foresee ―the ultimate ends of their
actions. Therefore, individuals must obey absolute moral precepts, such as ―always help the poor and
less fortunate, or "turn the other cheek," or "always tell the truth, despite the fact that the ultimate
consequences of those actions are unclear or uncomfortable.
O
On the other hand, the ethic of responsibility demands that moral actors—in this case, national leaders—
must consider their responsibilities to those people who depend on those leaders for safety and security.
So, for example, if a neighboring nation is belligerent, aggressive, or determined to fight ancient cultural,
C
religious, and ethnic wars, the leaders of the first nation cannot ignore that threat, as much as they might
want to. In short, they are not permitted to ―turn the other cheek because to do so would endanger the
innocent people they have the duty to protect. Unfortunately, many national leaders fail to see this
distinction. The leaders of the United States have been especially guilty of this shortsightedness.
5. The existence of the social contract permits people to live together in peace and harmony, but it
does not permit anyone, not even the leader, to violate the core rights of life and security. Should a leader
consistently violate core rights, then the people have a duty to demand that such oppressive and
dangerous behavior end.
3|P age
, Questions for Review and Discussion
1. The law is a set of rules made by the government to promote stability, harmony, and justice.
Morality involves the values that are the foundation for moral decision making. Ethics is a way to figure
out what those values might be.
2. Traditional natural law sees law as originating from an objective, superior force that stands
outside the everyday experience of most people. Historically, natural law had its origin in the classical
Judeo-Christian belief in a Divinity that created, controls, and rules the physical universe according to a
set of universal laws that came from the will of the Divinity. Similarly, modern natural law also sees law
as originating from an objective origin point; however, that origin point is neither transcendent nor
supernatural but is, instead, conceived of by the human mind. Thus, the source of natural law comes from
within the mind of social philosophers, such as Thomas Hobbes, Jean Jacques Rousseau, Immanuel Kant,
and Jean Paul Sartre, each of whom claimed to have found the correct objective standard of human
morality.
PR
3. Non-judgmentalism is the tendency to be tolerant of every type of behavior even the most
reprehensible acts imaginable, so that, in turn, your own most reprehensible actions will not be judged by
others. In contrast, hyper-intolerance can be defined as open hostility to the views, ideas, traditions, and
O
principles of belief held and practiced by others.
4. The social contract option holds that right and wrong are measured by the obligations imposed on
FD
everyone by an implied agreement or contract among all the people within a particular social system.
5. The steps in applying utilitarianism are as follows:
a. The action to be evaluated should be stated in unemotional, general terms. For example,
―stealing another person‗s property is emotional language;
O
―confiscating property for one‗s own use is somewhat less emotional.
b. Every person or class of people that will be affected by the action must be identified.
C
c. Good and bad consequences in relation to those people affected must be considered.
d. All alternatives to the action stated in step 1 must be considered.
e. Once step 4 has been carried out, a conclusion must be reached. Whichever alternative creates the
greatest good for the greatest number of people affected by the action is the one that ought to be taken.
6. The rational option is a philosophical theory that asserts unequivocally that human beings,
because of their innate capacity for rational thought, can determine the nature and application of ethical
values. The theory assumes that because all human beings are rational, all human beings ought to have the
same ethical values. Therefore, rational ethics can establish universal rules of behavior that always apply
to all people. For this reason, the rational option is often referred to as objective ethics or normative
ethics. Since the rational option also focuses on duties rather than rights, it is also called deontological
4|P age
