A Legal Primer for the Digital Age (Allyn & Bacon Series in Technical Communication Series)

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Author: TyAnna K Herrington

ISBN-10: 0321108736

ISBN-13: 9780321108739

Category: United States Law - General & Miscellaneous

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1. Introduction. Discussion Questions and Exercises. 2. Law and Ethics. Ethics Contextual Situation. Discussion Questions. 3. Business Relationships and Organizational Structures. Your Characterization in Business Relationships and Its Legal Effects: Agency Relationships. How to Create an Agency Relationship. Agency-Principal Relationships and Mutual Duties. Three Kinds of Principals. Different Kinds of Agents. Principals' and Agents' Duties and Obligations. Differences in Legal Characterization: Independent Contractors and Employees. Business Organizations. Sole Proprietorship. General Partnership. Limited Partnership. Getting Out of or Ending a Partnership. Limited Liability Corporations. Corporations. Discussion Questions. 4. Legal Agreements: Contracts. Contract Law. Proposing an Agreement: Offer. Accepting to Enter an Agreement: Acceptance. When Acceptance of an Agreement Becomes Effective. The Payoff: Consideration. Meeting Your Contract Commitments and Avoiding Common Contract Problems. When Courts Enforce Commitments Without Valid Contracts: Promissory Estoppel. Actions that Satisfy or Break Contract Commitments. Getting Out of Your Contract Commitments. Miscellaneous Excuses for Breaking a Contract (Defenses to Breach of Contract). How to Cancel a Contract. Violating Contract Agreements. Treating Contracts Created from Unclear Bases: Oral Contracts, Statute of Frauds, and Parole Evidence. What Might Result from a Lawsuit on Your Contract. Compensations to Winning Parties in Contract Suits. Courts' Limitations on Detriments Resulting from Broken Contracts: Foreseeability, Avoidable Damages, Nominal, and Punitive Damages. Involving Others in Your Agreements: Assignment and Delegation of Duties Generally. Third Party Beneficiaries. Ending Contract Responsibilities. Accord and Satisfaction and Substituted Agreement. Accounts Stated and Releases. Discussion Questions. 5. Intellectual Property. Trademarks, Reputation, and Goodwill. Trade Secret. Patents. Copyright. Copyright Control. Legal Fiction of Employer Authorship: Work for Hire. Shared Authorship: Joint Work. Unauthorized Use of Copyrighted Materials: Infringement. Substantial Similarity. Defenses Against Infringement. Personal Use and Fair Use. New Developments in Intellectual Property in the Digital World. Reproduction of Work in Digital Databases. Deep Linking. Digital Millennium Copyright Act (DMCA). Discussion Questions. 6. Synthesis. Supportive Diagrammatic Schema. Case Context (Synthetic Situation). Case Situation Analysis. Discussion Questions and Exercises. 7. Conclusion. The Complexity of Law and Ethics Applied. Case Situation. Case Context Questions.