Author Profile

Rafaella Stradella is an author and legal scholar recognized for her contributions to international commercial jurisprudence, particularly in the intersection of corporate policy and dispute resolution. She has notably authored works exploring how multinational companies operate and navigate emerging markets. Born in Edinburgh in 1984, she was the daughter of a maritime logistics manager and a forensic accountant. She exhibited an early obsession with structural systems and organizational rules. Rafaella completed her undergraduate studies in philosophy at the University of St Andrews before reading law at Cambridge. There, her master’s thesis, The Corporate Veil as an Aesthetic Barrier, won the prestigious (fictional) Eldon Juridical Prize. She spent fifteen years as a senior partner at the international firm Sterling & Vance LLP and specialized in cross-border restructuring, hostile takeovers, and corporate governance disputes. She famously negotiated the restructuring of the defunct tech conglomerate OmniCorp. This landmark case redefined the application of force majeure clauses during global supply chain failures. Retiring from active practice in 2018, she shifted her focus entirely to legal academia and writing. Her published research focuses heavily on navigating international commercial disputes, globalized commerce, and creating adaptive legal frameworks. Her research frequently addresses the intersection of technology and corporate law, exploring how to synergize modern Online Dispute Resolution (ODR) with traditional legal infrastructures to improve access to justice globally.

About The Book

Business Law is a practical, concise, and broad-based introduction to the vibrant field of business law. While continuing to offer all of the features that have made the nine prior editions successful, this new edition includes a new chapter on the areas of law affected by social media, updated content, and enhanced support materials. Both the traditional areas of law, such as contracts and property, and the emerging areas of law, such as e-commerce and environmental, are covered in short, informative chapters written to capture the essence of each topic. The objective of the text throughout its coverage is ease—ease of use, ease of teaching, ease of assessment, and ease of understanding. It has been developed for those seeking a more fundamental overview of the concepts and principles that are vital to the understanding of business law. Business Law covers the latest developments in the legal field. This text will help you discover a wealth of information and learning opportunities that will give you a clear understanding of business law topics. The text will also help you identify, explain, and apply the principles of business law in your daily life and in the larger world in which you live. The world of business is continually changing, especially with the advent and evolution of the global marketplace. The concepts and principles presented in the text will assist you in understanding those changes as they relate to business law. The chapters of Business Law are organized in a concise and easy-to-read way. Numerous examples applying the law to real-world situations will assist you in understanding important concepts, whereas key term definitions are provided throughout the text for your reference. The end-of-chapter assessments will help you apply your knowledge and gauge your understanding of the material as you progress, and the extra resources accompanying the text will provide useful and easy-to-use tools to supplement your appreciation of the material.

Table of Contents

Preface
1. Tort Law
1.1 The Nature Of Torts
1.2 Defamation
1.3 Libel And Slander
1.4 Defenses To Defamation
1.5 Nuisance
1.6 Conversion
1.7 Negligence
1.8 Liability
1.9 Summary
2. Introduction To Contracts
2.1 The Nature Of A Contract
2.2 Sources Of Contract Law
2.3 Purpose Of A Contract
2.4 Elements Of An Enforceable Contract
2.5 Kinds Of Contracts
2.6 Status Of Contracts
2.7 Enforceability Of Contracts
2.8 Summary
3. Offer And Acceptance
3.1 Reaching Agreement
3.2 Requirements For A Valid Offer
3.3 Bids, Advertising, And Public Offers
3.4 Requirements For A Valid Acceptance
3.5 Termination Of An Offer
3.6 Summary
4. Mutual Agreement
4.1 Defective Agreements
4.2 Fraud
4.3 Misrepresentation
4.4 Mistake
4.5 Undue Influence
4.6 Duress
4.7 Contracts Of Adhesion
4.8 Unconscionable Contracts
4.9 Summary
5. Legal Purpose Of Contracts
5.1 Legality And The Public Interest
5.2 Agreements In Violation Of Statutes
5.3 Agreements Against Public Policy
5.4 Illegal Restraints Of Trade
5.5 Legal Restraints Of Trade
5.6 Summary
6. Form Of Contracts
6.1 The Requirement Of Proper Form
6.2 The Parol Evidence Rule
6.3 The Statute Of Frauds
6.4 Types Of Contracts That Must Be In Writing
6.5 Information Included In A Written Contract
6.6 Summary
7. Transfer Of Title
7.1 Title
7.2 Kinds Of Property
7.3 How Title Passes
7.4 When Title Passes
7.5 Conditional Sales
7.6 Lost And Stolen Goods
7.7 Transfer Of Title By Estoppel
7.8 Sales By Persons Having Possession
7.9 Transfer Of Title To Fungible Goods
7.10 Summary
8. Business Organizations
8.1 Organizational Forms
8.2 Sole Proprietorship
8.3 Partnership
8.4 Corporation
8.5 Limited Liability Company
8.6 Other Organizational Forms
8.7 Summary
9. Bankruptcy
9.1 Insolvency And Default
9.2 The Law Of Bankruptcy
9.3 Chapter 7 Of The Federal Bankruptcy Law
9.4 The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005
9.5 Chapter 13 Of The Federal Bankruptcy Law
9.6 The Federal Bankruptcy Law
9.7 Summary
10. Introduction To Commercial Paper
10.1 Characteristics Of Commercial Paper
10.2 Kinds Of Commercial Paper
10.3 Parties To Commercial Paper
10.4 Essentials For Negotiability Of Commercial Paper
10.5 Nonessentials For Negotiability Of Commercial Paper
10.6 Checks
10.7 Electronic Funds Transfer Systems
10.8 Summary
11. Intellectual Property
11.1 Intellectual Property Defined
11.2 Trade Secrets
11.3 Application Of Trade Secret Law To Computer Software
11.4 Trademarks
11.5 Application Of Trademark Law To Cyberspace
11.6 Copyrights
11.7 Application Of Copyright Law To Software And Cyberspace
11.8 Patents
11.9 Application Of Patent Law To Computer Hardware And Software
11.10 ummary
12. Computer Privacy And Speech
12.1 Computer Privacy
12.2 Computer Crime
12.3 Computer Crime Legislation
12.4 Computer Speech
12.5 Advertising On The Web
12.6 Summary
13. Social Media
13.1 Introduction
13.2 Privacy In Social Media
13.3 Crime And Social Media
13.4 Social Media And Speech
13.5 Emerging Issues In Social Media
13.6 Summary
14. Conducting Business In Cyberspace
14.1 Business And The Internet
14.2 Selling Securities On The Web
14.3 Selling Entertainment On The Web
14.4 Entering Into Contracts On The Web
14.5 Settling Disputes In Cyberspace
14.6 Paying Taxes On Internet Sales
14.7 Summary
15. Professionals’ Liability
15.1 Professionals
15.2 Malpractice
15.3 Elements Of Malpractice
15.4 Liability For Professional Malpractice
15.5 Reducing Professionals’ Risk Of Liability
15.6 Summary
16. International Business Law
16.1 Global Business
16.2 What Is International Law
16.3 Applying Other Countries’ Laws—The Doctrine Of Comity
16.4 International Trade Institutions
16.5 The International Legal Environment
16.6 Doing Business In Foreign Countries
16.7 International Law And Intellectual Property
16.8 Summary
17. Business And The Environment
17.1 The Development Of Environmental Protection
17.2 Government’s Regulation Over Itself
17.3 Government Regulation Of Business
17.4 Major Federal Legislation Protecting The Environment
17.5 Lawsuits By Private Citizens
17.6 Types Of Pollution
17.7 A Changing Global Environment
17.8 Other Environmental Issues
17.8 Summary
18. Health Care Law
18.1 Introduction
18.2 Advance Directives
18.3 Types Of Medical Insurance
18.4 Health-Related Employee Benefits
18.5 State And Federal Regulation Of Health Care Insurance
18.6 The Health Insurance Portability And Accountability Act Of 1996 Privacy Rule
18.7 Summary
19. Real And Personal Property
19.1 Characteristics Of Property
19.2 Distinction Between Real And Personal Property
19.3 Acquiring Title To Personal Property
19.4 Ownership Of Real Or Personal Property
19.5 Real Property
19.6 Interests In Real Property
19.7 Transfer Of Real Property
19.8 Summary
20. Bailments
20.1 Bailment Defined
20.2 Characteristics Of Bailments
20.3 Kinds Of Bailments And Care During Custody
20.4 Summary
21. Landlord–Tenant Relations
21.1 The Landlord–Tenant Relationship
21.2 Types Of Tenant Interests In Real Property
21.3 Rights And Duties Of The Parties
21.4 Termination Of Leases
21.5 Tort Liability
21.6 Summary
22. Landlord–Tenant Relations
22.1 The Purpose Of A Will
22.2 The Language Of Wills
22.3 Types Of Gifts Under Wills
22.4 Requirements Of A Valid Will
22.5 Revising And Revoking Wills
22.6 Intestacy
22.7 Trusts
22.8 Summary
23. Employment Law
23.1 Worker Safety And Health
23.2 Discrimination In Employment
23.3 Labor Unions
23.4 Additional Employee Rights
23.5 Summary
24. The Employer–Employee Relationship
24.1 Duties Of Employer And Employee To Each Other
24.2 Employees Versus Independent Contractors
24.3 The Doctrine Of Employment At Will
24.4 Employment Contracts
24.5 Employee Handbooks
24.6 Employee References
24.7 Fair Labor Standards Act Of 1938
24.8 Summary
Glossary
Bibliography
Index