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“strict liability in tort and implied warranty in theabsence of privity are different ways of describingthe very same cause of action.”Nevertheless, the court explained that the tortcause of action did not completely replace the olderbreach-of-implied warranty cause of action and thatthey were not identical in every respect. In rulingagainst Ford, the court emphasized two points:• The warranty approach is still alive, andits vitality is evidenced by its “retention andexpansion in New York’s version of theUniform Commercial Code.”• The core element of “defect” in each cause ofaction is subtly different given its differenthistorical and doctrinal origins.Distinguishing the Causes of ActionIn distinguishing the two causes of action,the court pointed out that under New York law,injury due to a design defect was actionable understrict product liability “if the product is not reasonablysafe.” The existence of a design defect isdetermined under New York lawby asking whether “if the designdefect were known at the time ofmanufacture, a reasonable personwould conclude that the utility ofthe product did not outweigh therisk inherent in marketing a productdesigned in that manner.” Thisanalysis requires a weighing ofthe product’s dangers against itsoverall advantages.In contrast, the UCC-basedconcept of a “defective” productrequires an inquiry only intowhether the product at issue is“fit for the ordinary purposesfor which such goods are used”(UCC 2-314[2][c]). This analysisfocuses on the expectationsof a product when used in “thecustomary, usual, and reasonably foreseeablemanners.” Under this cause of action, an injuredparty can recover by showing that the product wasnot minimally safe for its expected use “withoutregard to the feasibility of alternative designs orthe manufacturer’s ‘reasonableness’ in marketingit in that unsafe condition.”As a result of these differences, the court explainedthat “defect” analysis in strict product liabilityactions are more concerned with socialpolicy and risk allocation. In contrast, “defect”analysis in breach-of-implied-warranty actionsoriginates in contract law and focuses upon a purchaser’sdisappointed expectations.Holding Given the historical and doctrinaldifferences between the two causes of action, thecourt ruled against Ford and held that “under thecircumstances presented here, it is possible to beliable for breach of implied warranty even thougha claim of strict product liability has not been satisfactorilyestablished.”1. Why was Ford’s argument flawed?2. What was the primary weakness of the breachof warranty theory in product liability cases?3. When may a design defect be actionable undera strict product liability theory?4. What is the New York standard for determiningthe existence of a design defect?5. What inquiry must be made to determinewhether a product is defective under the UCC?6. How do the origins of breach of impliedwarranty actions and strict product liabilityactions differ?Go to the Understanding Business and Personal Law Web Site at ubpl.glencoe.comfor information about how to access online resources for the Landmark Cases.Chapter 17: Personal Property and Bailments 387
UNITUNIT OVERVIEWMost of us must playan active, productiverole in the workplaceto make a living andsupport ourselves or ourfamilies. Agency relationshiplaws andemployment laws helpprotect individual’srights in the workplace.In this unit, you willlearn about these lawsby studying the followingtopics:l Creating an agencyl Agency relationshipsand their terminationl Employment lawand employmentprotectionl Equal opportunity
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interactive student edition
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Program ComponentsYour Understandin
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Studying Case LawApplying What You
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UNIT 1 Law Workshop: Using Legal To
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UNIT 3Understanding Consumer Law 26
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CHAPTER 21Employment Protection and
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CHAPTER 29Operating a Corporation 6
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Exploring the UnitUnderstanding Bus
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Exploring the SectionChapters of th
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Exploring Chapter AssessmentChapter
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Exploring the Law WorkshopsLaw Work
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FeaturesYour Understanding Business
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A Global Perspective: Laws Around t
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Law & AcademicsThe law is related t
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Legal BriefsThese short features di
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GORDON W. BROWN studied lawto becom
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UNITUNIT OVERVIEWLaws generally ref
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CHAPTEREthics and the LawUnderstand
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Defining Ethicsl How ethical decisi
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GhanaA law can be a decree, a prohi
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People want to be treated with resp
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decisions. Compassionate people try
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Sources of Lawl How to recognize th
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Language ArtsThe legal profession h
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Limits of Free SpeechThe First Amen
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Adopt a PetAre you consideringadopt
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CHAPTERASSESSMENTSection 1.1 Defini
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CHAPTERASSESSMENTConnect with Scien
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CHAPTERThe Court SystemUnderstandin
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A Dual Court Systeml How to determi
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Supreme CourtThe U.S. Supreme Court
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whether to transfer the case, the c
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Trial Proceduresl How to seek alter
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Another new form of ADR is known as
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AN ANSWERAn answer is the defendant
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predict whether a juror will be fai
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Execution of JudgmentAfter a trial
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SEARCH WARRANTThe scope of a search
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Forensic ScientistIf you’re a fan
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Figure 2.7CAWAORNVAge Limits For Ju
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CHAPTERASSESSMENTSection 2.1 Dual C
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CHAPTERASSESSMENTConnect with Langu
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CHAPTERCriminal LawUnderstanding Bu
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What Is a Crime?l How to tell the d
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Congress to regulate commerce among
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InsanityAmerican law recognizes tha
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Particular Crimesl How to define ma
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a captive. Kidnapping usually inclu
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Figure 3.4Violent Crime Rates by Ra
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68 Unit 1: Knowing About the LawLar
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DRAG RACING AND LIABILITYMany state
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COMPUTER CRIMEBoth the state and th
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CHAPTERASSESSMENTSection 3.1 What I
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CHAPTERASSESSMENTAcquiring and Eval
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CHAPTERThe Law of TortsUnderstandin
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Intentional Tortsl How to tell the
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attery involves the unlawful, unpri
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Smashed Grapesand SlipperyFloorsYou
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Defamation is writtenor spoken inju
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l How to definenegligencel How to e
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Student PrivacyThe searching ofscho
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no longer follow this doctrine, how
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CHAPTERASSESSMENTSection 4.1 Intent
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CHAPTERASSESSMENTWorking with Techn
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UNITLaw Workshop:Using Legal ToolsH
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UNITLandmark CaseCipollone v. Ligge
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UNITUNIT OVERVIEWYou regularly take
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CHAPTERHow Contracts AriseUnderstan
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Contractsl Explain the elementsof l
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theory was called the will theory o
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Characteristics of a ContractContra
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for the other’s promise to do som
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l How to recognize therequirements
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Letting your officemanager know tha
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Student LoansThere are many waysto
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RevocationRevocation is the taking
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CHAPTERASSESSMENTSection 5.1 Contra
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CHAPTERASSESSMENTInterpret and Comm
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CHAPTERGenuine AgreementUnderstandi
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l How to identify theelements of fr
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creates a duty to reveal the hidden
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Resulting LossYou may choose to ent
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Figure 6.3Unilateral Mistake1. Mist
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the agreement can be performed when
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UNDUE INFLUENCEGenuine agreementsca
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CHAPTERASSESSMENTSection 6.1 Fraud
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CHAPTERASSESSMENTInterpreting and C
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CHAPTERContractual CapacityUndersta
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Contractual Capacityl How to explai
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their contracts. The court has esta
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PROVING MAJORITYSome states require
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Returning the Merchandise If a mino
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Ratification of Minors’ Contracts
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Draft RegistrationCelebrating your
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CHAPTERASSESSMENTSection 7.1 Contra
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CHAPTERConsiderationUnderstanding B
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Considerationl How to explain thele
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GiftsA gift is somethingthat is giv
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Common law judgesrarely entertainar
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Disputed AmountsIf the parties to a
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Consideration in Your Everyday Life
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Court ReporterSally Harmon provides
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Figure 8.2The Elements of Promissor
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PREEXISTING DUTIESPreexisting dutie
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CHAPTERASSESSMENTSection 8.1 Consid
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CHAPTERLegalityUnderstanding Busine
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l How to explain whatmakes a contra
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Winner Takes AllBecause she lives i
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At one time, most states prohibited
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THE GREAT SEAL OF THE STATE OF OHIO
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l How to explain thelegal doctrine
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llAgreements inducing fraud or a br
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Agreements to Obstruct JusticeAny c
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CHAPTERASSESSMENTSection 9.1 Legali
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CHAPTERASSESSMENTParticipate as a M
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CHAPTERForm of the ContractUndersta
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The Statute ofFraudsl How to explai
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Unions were formed tohelp protect t
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Civil Process ServerIt’s a good t
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MARRIAGE CONTRACTSAlthough the law
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An exception to the requirement tha
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The Best Evidence RuleThe courts us
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CHAPTERASSESSMENTSection 10.1 Statu
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CHAPTERHow ContractsCome to an EndU
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l How to identify whentime is impor
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Earth DayYour local museummay have
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would prevent such a drastic and un
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Mutual ReleaseJodi and Mark mutuall
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Money damages are themost common re
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long to seek payment. You may not
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CHAPTERASSESSMENTSection 11.1 Perfo
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CHAPTERASSESSMENTParticipate as a M
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CHAPTERTransfer of Contracts andRem
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The Transfer ofContractual Rightsan
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her neighbor, Helen Kane, were in w
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Keeping YourWordRachel agreed to ba
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do her printing job. He could not t
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l How to explain theconcept of anti
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Figure 12.3TypeActual DamagesCompen
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Corporate LawyerRichard Negrin is a
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CHAPTERASSESSMENTSection 12.1 The T
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UNITLaw Workshop:Using Legal ToolsH
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UNITLandmark CaseMastrobuono v. She
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UNITUNIT OVERVIEWThroughout yourlif
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CHAPTERContracts for theSale of Goo
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The Sale and Leaseof Goodsl When to
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A multimillion-dollarmasterpiece pa
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making the offer may request a part
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Buying MoreThan He CanAfford?Angelo
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Ownership andRisk of Loss inSales o
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Similarly, it is sometimes necessar
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When goods are not to be shipped by
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originally purchased the products.
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E-Commerceand the Lawl Tips for saf
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and temporarily withhold payment wh
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CHAPTERASSESSMENTSection 1 The Sale
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CHAPTERThe Importance ofWarrantiesU
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l How to describe thethree ways an
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warranties close to the product or
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FULL WARRANTYA full warranty is one
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Description of the GoodsAny descrip
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Susan it would be perfect for that
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President Kennedyspoke of four basi
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Charitable GiftsGiving to charities
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lAlternative C gives sellers’ war
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CHAPTERASSESSMENTSection 14.1 Expre
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CHAPTERConsumer Protectionand Produ
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Consumer Protectionl How to explain
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COMPLAINT LETTERA complaint letterd
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unlawful and unethical for a realto
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Credit identity theftoccurs when so
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Blowing SmokeThere is no doubt that
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Figure 15.4Dear Customer:See Figure
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Health HazardFor many people,smokin
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WARNINGSWarning labels mustbe place
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CHAPTERASSESSMENTSection 15.1 Consu
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Page 367 and 368: CHAPTEROwning a VehicleUnderstandin
Page 369 and 370: Acquiring a Vehiclel How to identif
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Page 373 and 374: Purchasing a defectiveautomobile ha
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Page 377 and 378: Buying from a Private PartyYou migh
Page 379 and 380: in cases in which you are led to be
Page 381 and 382: When an odometer is repaired and ca
Page 383 and 384: VEHICLEINSURANCEThe insurance types
Page 385 and 386: Maintenance OnlineAutomakers are be
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Page 389 and 390: CHAPTERASSESSMENTAcquiring and Eval
Page 391 and 392: CHAPTERPersonal Propertyand Bailmen
Page 393 and 394: Personal Propertyl How to identifyt
Page 395 and 396: CanadaAt the University of Montreal
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Page 401 and 402: Return to Sender, or Not?When you r
Page 403 and 404: Many courts today apply the reasona
Page 405 and 406: RIGHT OF PRIVACYHotel keepers mustr
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Page 417: UNITDenny v. Ford Motor Co.New York
Page 421 and 422: CHAPTERCreation of an AgencyUnderst
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Page 427 and 428: In the early developmentof agency l
Page 429 and 430: llllllllDoes the hiring person supp
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Page 435 and 436: Coagents If the principal hires two
Page 437 and 438: AGENCY BY ESTOPPELOften agency rela
Page 439 and 440: CHAPTERASSESSMENTSection 18.1 Agenc
Page 441 and 442: CHAPTERASSESSMENTInterpreting and C
Page 443 and 444: CHAPTERAgency Relationshipsand Thei
Page 445 and 446: Authority and Dutiesl How to define
Page 447 and 448: Consequently, the key to determinin
Page 449 and 450: Good FaithAn agency relationship is
Page 451 and 452: In seventeenth centuryEurope, most
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Page 455 and 456: l How to recognizewhen an agencyrel
Page 457 and 458: ACTUAL NOTICE OFTERMINATIONThe law
Page 459 and 460: CHAPTERASSESSMENTSection 19.1 Autho
Page 461 and 462: CHAPTERASSESSMENTInterpreting and C
Page 463 and 464: CHAPTEREmployment LawUnderstanding
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Harrington’s case clearly fits wi
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PUBLIC POLICY TORTIf an employee is
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l How to recognizethose areas ofemp
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Using E-Mail at WorkA large company
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Figure 20.1Child Labor LawsThis cha
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CHAPTERASSESSMENTSection 20.1 Emplo
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CHAPTEREmployment Protectionand Equ
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l How to recognize therole that OSH
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Wages, Hours, and BenefitsThe gover
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Family and Medical Leave ActUnder t
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Recent studies suggestthat it is in
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had programs in place. Workers’ c
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children. This system, known as wel
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Figure 21.3LawCivil Rights Act (Tit
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Cesar ChavezUnions exist withinmany
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AMERICANS WITHDISABILITIES ACTThe f
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CHAPTERASSESSMENTSection 21.1 Laws
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UNITLaw Workshop:Using Legal ToolsW
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UNITLandmark CaseAutomobile Workers
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UNITUNIT OVERVIEWMost people usesom
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CHAPTERBorrowing Money andBuying on
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What Is Credit?l How to distinguish
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Example 2. When Jill bought the tru
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According to a recentstudy, the ave
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to erase the debt! He will pay $7,0
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CREDIT CARD BLOCKTo be sure you don
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EQUAL CREDITOPPORTUNITY ACTThe Equa
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Managing Your Debtsl How to recogni
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FAMILY FARMThe family farm is avani
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CHAPTERASSESSMENTSection 22.1 What
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CHAPTERASSESSMENTParticipating Effe
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CHAPTERNegotiable InstrumentsUnders
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l How to state thepurpose of negoti
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Social StudiesThe use of metal form
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An action to enforcethe obligation
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U.S. CompaniesOperating in Other Co
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Electronic ChecksA group of banks h
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CHAPTERASSESSMENTSection 23.1 Purpo
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CHAPTERWriting ChecksUnderstanding
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Checking Accountsl How to describe
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PERSONAL CHECKNever write a check i
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ecords accurate. Fill out the check
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MathematicsWhen you open a checking
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Canine Enforcement OfficerChristine
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Availability of FundsIn the past, b
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Figure 24.6MANAGE YOUR EFT CARD WIS
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CHAPTERASSESSMENTSection 24.1 Check
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CHAPTERASSESSMENTIn groups of two o
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CHAPTERTransferring NegotiableInstr
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TransferringInstrumentsl How to dis
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Example 1. Hanako Lin wrote a check
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Figure 25.1Check FaceChange ofFortu
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Figure 25.4INDORSE HEREDO NOT WRITE
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Safe DrivingAutomobile crashes aret
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E-SignaturesElectronic signatures n
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CHAPTERASSESSMENTSection 25.1 Trans
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CHAPTERASSESSMENTParticipating as a
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CHAPTERCollecting NegotiableInstrum
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l How to determine if aperson is a
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Paying Twice Is Not So NiceA mechan
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FRAUD IN THEINDUCEMENTWhen someone
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Kristina learned that the brakes ha
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Liabilities of Partiesl How to expl
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Figure 26.3DIRECT REDUCTIONMORTGAGE
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CHAPTERASSESSMENTSection 26.1 Holde
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UNITLaw Workshop:Using Legal ToolsC
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UNITBeach v. Ocwen Federal BankU.S.
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UNITUNIT OVERVIEWMost Americans are
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CHAPTERSole Proprietorshipand Partn
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Sole Proprietorshipl How to define
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Taxing the Sole ProprietorOne advan
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The Partnershipl How to define gene
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PARTNERSHIPFORMATIONA partnership c
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Independence DayAs a citizen of the
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Starting a soleproprietorship can b
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Because each partner is an agent of
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Social StudiesMost people areintere
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CHAPTERASSESSMENTSection 27.1 Sole
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CHAPTERForming and Financinga Corpo
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Corporationsl How to definecorporat
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Social StudiesImagine you have been
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STOCK CERTIFICATESCorporations issu
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CORPORATE NAMESA new corporation ca
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The InsideInformation onNonprofitsB
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LIMITED LIABILITY COMPANIESA new fo
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have incorporated. To deal with the
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CHAPTERASSESSMENTSection 28.1 Corpo
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CHAPTEROperating a CorporationUnder
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l How to definecorporate directorl
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Language ArtsAt one time, insidertr
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many large corporations rent halls
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October 24, 1929, called“Black Th
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Figure 29.3Duties of Corporate Mana
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Many antiliability statutes simply
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Shareholder SuitsA shareholder suit
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CHAPTERASSESSMENTSection 29.1 Manag
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CHAPTERCorporate Regulationand Expa
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l How to identify thesource of the
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Business BluesMany small corporatio
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y the U.S. Supreme Court held that
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THE ENVIRONMENTALPROTECTION AGENCYT
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l How to distinguishamong a merger,
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Taking StockOnline investing hasall
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State LegislatorOliver Robinson got
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in two ways. The corporation can de
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CHAPTERASSESSMENTSection 30.1 Gover
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UNITLaw Workshop:Using Legal ToolsD
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UNITVirginia Bankshares, Inc. v. Sa
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UNITUNIT OVERVIEWGetting married, p
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CHAPTERMarriageUnderstanding Busine
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l How to state when themarriage con
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Domestic ViolenceUnfortunately, dom
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Figure 31.1Premarital AgreementAgre
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Example 2. Gerard Ingels and Ramona
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Figure 31.3U.S. Marriage Laws Summa
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IndiaTo know India, you must unders
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Social StudiesArranged marriages ar
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CHAPTERASSESSMENTSection 31.1 Marri
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CHAPTERDivorce and ItsLegal Consequ
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Ending a Marriagel How to describe
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Figure 32.1Grounds for Divorce and
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Example 2. Elise Carruthers persist
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Fingerprint ExpertKevin Teddy is an
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Divorce Settlementl How to identify
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“Divorce.Com”The Internet is a
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CHAPTERASSESSMENTSection 32.1 Endin
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CHAPTERRenting a Place to LiveUnder
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The RentalAgreementl How to define
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Tenancy at WillA tenancy at will is
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necessary to keep the premises fit
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When renting, keep thevolume on you
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Failure to abide by the restriction
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RoomiesWhen two or more people sign
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CHAPTERASSESSMENTSection 33.1 The R
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CHAPTERBuying a HomeUnderstanding B
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l How to compare theadvantages andd
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Figure 34.2AFFORDING A MORTGAGEYour
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Criminal Court JudgeWhen Dianne Jon
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l How to identify somesuggestions t
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Example 2. Monica and James Dipirro
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Taking OwnershipOwnership of proper
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Eminent Domainand SidewalksJordan i
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Figure 34.7The Nature of Real Prope
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CHAPTERASSESSMENTSection 34.1 Evalu
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CHAPTERInsurance ProtectionUndersta
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l How to explain themeaning and pur
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INSURABLE INTERESTYou cannot take o
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Figure 35.2Life Expectancy Table, A
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When buying term life insurance, yo
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employees who have been laid off pa
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Property Insurancel How to identify
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The NetherlandsDo people who are in
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CHAPTERASSESSMENTSection 35.1 The I
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CHAPTERRetirement and WillsUndersta
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Retirement Incomel How to describe
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Death and TaxesMost people own life
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START EARLYTax-deferred investments
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In 1935, Lord Moynihanand R. Killic
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Figure 36.4LAST WILL AND TESTAMENTO
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Legal ColumnistWhen the topic is th
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Figure 36.5 Distribution of Intesta
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CHAPTERASSESSMENTSection 36.1 Retir
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UNITLaw Workshop:Using Legal Skills
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UNITJones v. Mayer Co.U.S. Supreme
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APPENDIXThe Constitution of theUnit
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APPENDIX ANo Person shall be a Sena
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APPENDIX ATo declare War, grant Let
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APPENDIX AIn Case of the Removal of
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APPENDIX ALegislatures of the State
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APPENDIX AAmendment IXThe enumerati
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APPENDIX AAmendment XVSection 1 ■
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APPENDIX ASection 2 ■ This articl
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APPENDIXThe Declaration ofIndepende
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APPENDIX BHe has made Judges depend
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Aabandoned When an emancipated mino
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ilateral mistake Occurs when both p
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cooling-off rule Provision that giv
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Equal Credit Opportunity Act Ensure
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holographic will Will written entir
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limited-payment life insurance Allo
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passenger People being legally tran
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ight-to-work laws State laws that p
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title The formal written right of o
Page 863 and 864:
AAmerican Legal Aid, Inc.v. Legal A
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ailors, 368bait and switch advertis
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contracts, written, 205-221best evi
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education-industry cooperation, 447
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health maintenance organizations(HM
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limited lifetime of soleproprietors
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pension plans, 456. See also retire
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Securities and Exchange Commission(
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United Nations Commission onInterna
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