FUNDAMENTALS OF BUSINESS LAW

LAW 1101 FALL 2017

PROF. PAULA WALTER

One Bernard Baruch Way (55 Lexington Ave.)
Office - VC 9-218
(646) 312-3574
Paula.Walter@baruch.cuny.edu

Office Hours: Monday/Wednesday 9:00 10:30 am

TEXTBOOK:
ePack:Custom Business Law Today Standard Edition, 11th ed, 2016, MindTap
Instant Access Code, Miller
This package includes a softcover custom textbook and an access code that will give you
access to an ebook that includes the entire text and to the online materials at
CengageNOW. You will need access to Cengage/NOW, as your grades on assignments
on that site will count toward your final grade.
You can order this ePack directly from the publisher check the Blackboard site for
purchasing instructions. You can also buy the book and access code at the Baruch
College bookstore.

COURSE DESCRIPTION
This course provides an understanding of the nature of law and its role in business. The
law of business contracts will be examined in depth. Other topics for consideration
include tort liability, business ethics, intellectual property, government regulation and
employment law. The course requires case analysis, problem solving, development of
critical thinking skills, and oral as well as written communications.

SPECIFIC COURSE OBJECTIVES: (1) To develop the students awareness of legal

issues in todays business environment. (2) To develop the students analytical skills. (3)
To enhance the students verbal and written communication skills.

On completion of this course, a student should be able to:

1. a Do a written analysis of a factual problem that (a) identifies the legal issues that
are presented by the problem
b. State the legal rule(s) that apply to the problem
c. Examine how the legal rules apply to the particular facts of the case
d. Predict who will prevail in the case and what remedies, if any, will be appropriate.
2. Analyze a factual situation where the result might be uncertain under he relevant
legal rules and discuss the factors a court might consider in reaching a result or the
factors a business person should consider in deciding upon a course of action.

3. Recognize the difference between legal, ethical and social responsibilities in the
business environment.

4. Identify the meaning and significance of the clauses of a basic contract and
discuss whether its provisions achieve a desired result.

BBA LEARNING GOALS ADDRESSED IN THIS COURSE:

The faculty of the Zicklin School of Business has adopted seven (7) Learning Goals for
BBA students. The purpose of these goals is to create a common understanding between
students, faculty and potential employers of the core objectives for a business education.
The seven goals, together with assessment criteria, can be viewed at
Http://www.baruch.cuny.edu/assessment/Learning_Goals.htm

The following Zicklin Learning Goals will be addressed in this course:

Analytical skills
Communication skills: Oral
Communication skills: Written
Civic awareness and Ethical decision-making

EXPECTATIONS OF STUDENTS:
Law 1101 has a reputation for being an extremely challenging course. That said, you will
find that it will be a satisfying course where you will learn how to think critically a
most wonderful preparation for life and lifes decisions. You must however be prepared
to work hard before you can think like a lawyer. This, in turn, means paying attention
to detail, reading assigned material very closely and being prepared to move with logical
progression from one idea to the next one.
Although the readings are in English, you will have to master a new language of legal
terminology. So if you work hard, are patient, conscientious and ask questions, your
likelihood for success in this course will be much enhanced.

CLASS PREPARATION
You are expected to come to class having prepared the assigned material for that class
session. You may not understand everything you read in the text the first time
around,(which is entirely within the realm of normal!) but you will have a much easier
time in class if you have started to familiarize yourself with the legal terms and concepts.
CLASS ATTENDANCE
It is critical that you attend class. It is difficult to succeed in this course without coming
to class regularly and on time. The course material cannot be mastered without
advance preparation and classroom participation.

Merely being in class is not enough; you will need to be actively engaged.

The Colleges attendance policy provides that:All students are required to attend every
session of their courses. If a freshman or sophomore is absent in excess of twice the
number of class sessions per week [for our course that means four (4) absences, the
instructor must give the student a WU grade (the equivalent of an F).

STUDENT RESPONSIBILITY
It is the students responsibility to be aware of and complete all homework assignments
on time. I also post announcements on Blackboard. It is the students responsibility to
access Blackboard and to check your Baruch e-mail account. If the student is absent
from class, it is your responsibility to obtain notes from another student for the work
covered on that day.

EXAM POLICY
It is the Law Department policy not to allow the use of dictionaries, glossaries or
electronic devices of any kind, including but not limited to, cellular phones, electronic
dictionaries or personal digital assistants (smartphones) at exams.

COURSE GRADE is based on

(1) Midterm exam (Session 16 ) - 35%
(2) Final exam - 50%
(3) MindTap online assignments-
AND
Class Participation. - 15%
Both the midterm exam and the final exam are essay (problem solving) format.

CELL PHONES
Cell phones must be turned OFF during class absolutely no exceptions!!!!

TAPING POLICY
Tape recording of class lectures is NOT permitted.

BARUCH COLLEGE POLICY ON ACADEMIC HONESTY

Academic dishonesty is unacceptable and will not be tolerated. Cheating, forgery, plagiarism and
collusion in dishonest acts undermine the colleges educational mission and the students personal and
intellectual growth. Baruch students are expected to bear individual responsibility for their work and to
uphold the ideal of academic integrity. Any student who attempts to compromise or devalue the academic
process will be sanctioned.

MY POLICY is to give a FAILING GRADE to any assignment that has been plagiarized or an exam in
which you have cheated. In addition, I am required by the College policy to submit a report of suspected
academic dishonesty to the Office of the Dean of Students. This report becomes part of your permanent
file.

For further discussion of plagiarism and clarification of its parameters, see the online plagiarism
tutorial prepared by members of the Newman Library faculty at
http://newman.baruch.cuny.edu/help/plagiarism/default.htm
MINDTAP (online) portion of this course curriculum contains different activities: including,
WORKSHEETS and BRIEF HYPOTHETICALS.

IMPORTANT: I WILL BE MAKING MIND-TAP ASSIGNMENTS. PLEASE WATCH FOR DUE

DATES ON BLACKBOARD

CLASS TOPIC TEXT STATUTES PROBLEMS

SESSION
1-2 The Legal Chapter 1 p. 20, Prob. 1-1, 1-2,1-3,
Environment pp. 2-20

2-3 Court System Appendix to Ch.1, p. 87, Probs. 3-1.3-2,3-4,

ADR pp.22-30 3-8,3-9
Chapter 3
pp. 55-84
4 Ethics/Business Chapter 9 p.235, Probs. 9-1,9-2,
Decision Making pp.216-241 9-3, 9-5
5-6 Intellectual Chapter 6 p. 160, Probs. 6-1,6-2,
Property pp. 138-159 6-3,6-8
7 Contracts pp. 244-256 Appendix D1, prob. 1
Classification Dombrowski v. P. 259, Probs. 10-2,10-5,
Somers, p. B10 10-7
Trimmer v. Van
Bomel, p.B.10
Ansorge v. Kane,
p.B14
8-9 Contracts Chapter 11 GOL. Sec.5- Appendix D2
Offer/Acceptance pp.261-268 1109,p.C4 probs. 6,7,9,10
Lapse of Time 22 West Main St. v. UCC Sec. 2-
Revocation Boguszewski, p. 205,p. A16
B15
10-11 Contracts Chapter 11 UCC 2-207 Appendix D1,D3,
Offer/Acceptance pp.268-272 p.A-17 probs. 2, 11,13,14,
Rejection UCC 2-
Acceptance 206(1)(a),p.A16
12 Contracts Chapter 12 GOL 5- Appendix D3, probs. 1,2
Consideration pp. 285-288 1105,p.C4
Past consideration Hamer v. Sidway,
p.B23
13 Contracts pp.288-290 GOL 5-1103, Appendix D3,D4,D5,
Consideration Schnell v. Perlmon, p.C4 probs, 3,4,5,6,7,8,10
Pre-Existing p. B24
Legal Duty UCC 1-207
 Horne
Waterproofing
p.B26
Sullivan v. Conant
Valley, p. B29
14 Contracts pp. 310-311 Appendix D7 & D8
Conduct Balaban Gordon v. Probs. 4, 5
Invalidating Brighton Sewer,
Assent/Mistake p.B42

15 Contracts Chapter 13, CPLR 3002-e Appendix D6, D7

Contracts pp. 311-318 p. C5 Probs. 1,2,3
Invalidating Rodas v. Manitaras,
Assent/Fraud B37
Murray, p. B38 Vokes v. Arthur
Murray, B38

16 MIDTERM EXAM MIDTERM EXAM

17 Contracts pp. 296-303 Appendix D5, D6

Illegality Gross v. Sweet Probs. 15,17,18,19,20,21
B.31
DeVito v. NYU
Coll.
B.35

18 Contracts pp.319-320 GOL. 5- Appendix D8&D9,

Statute of 701(a)(1), C3 Probs.13,14
Frauds Crabtree v. E. GOL. 5-
(1)Contracts in Arden 701(a)(2), C3
Writing B44
(2)Guarantees
19 Contracts pp. 318-319 GOL. 5- Appendix D8&D9,
Statute of p.321 701(a)(1), C3 probs.
Frauds UCC 2-201 7,8,9,10,11,12,15,16,17
(3)Real Estate A-16
(4)Sales of Goods GOL 5-703(1)

20 Contracts p.341-342 Appendix D11,D12

Conditions Applegate v. Probs. 8,9
McFadden Corp.,
p.B48
Jacob & Young v.
Kent, p. B49
21 Contracts pp.342-351 Appendix D12,D13
Discharge pp.356-366 Probs.10,11,12,13
Remedies

22 Employment Chapter 25 P. 651, probs. 25-1,

Law pp. 629-650 25-2,25-3, 25-4,25-7
Murphy v. Amer.
Home,p.B57
23 Torts pp. 89-111 handouts
(1)Intentional
Torts Palsgraf v. LIRR,
p.B3
(2)Unintentional
Torts
(negligence)

24-25 Torts p.112-113 handouts

(3)Strict Liability Ch. 5, pp. 118-133

Product
Liability
26 Consumer Law Ch. 33, pp. 803-826 p.,828
27-28 REVIEW REVIEW REVIEW REVIEW