SYLLABUS

PROFESSOR STEVEN R. SHER

BUSINESS LAW I
BLAW 201 003
WINTER QUARTER 2019/20

INTRODUCTION:

Welcome to Business Law I. In this course you will learn about the device that allows business to exist—the contract.
Buying, selling, hiring, renting, borrowing, working, loaning, mowing grass, eating food, all these acts of life and
commerce are the results of contracts, whether written, oral, express or implied. The law of contracts is a whole area of
the law, with its own rules, and its own penalties for not following the rules. While this topic can be complex, because
the same rules might be used to buy a candy bar as well as to hire a band to play at your wedding, the vast scope of the
topic insures that it is interesting, even fascinating.

You will learn how to analyze a problem by identifying what the issue (legal) is, what rules (laws) apply to that
issue, and how the facts of the situation (case) either support or don’t support the use of those rules in each problem.
This method of analysis (or of thinking) will be useful to you whenever you are faced with a problem, whether in other
courses, or co-op, or the full-time working world.

There are case problems for class discussion. This is where the real fun of the course comes in: using the laws to
resolve actual disputes between real parties. Make up your mind that you will be prepared to discuss the questions as
they are assigned. If you do not want to do this, please drop my course and take it with some other professor! This is a
warning to you that I will demand a certain level of preparation and participation!

Once you have become familiar with the methods used to evaluate and discuss the case problems, you will get a
chance to use these new skills with the ETHICS MODULE. There will be an Ethics question and related material handed
out at the end of the second (2nd) week. You will have two weeks to work on it and it will be due the FIRST CLASS
MEETING OF THE FIFTH WEEK. (These time parameters are subject to change.) At that time we will also have class
discussion on the Ethics problem, no matter where we are in the regular course subject matter. THIS IS A REQUIRED
PART OF THE COURSE!! Treat it as you would an exam, because it will count as an exam question in your grade.

TEXTBOOK

Anderson’s 23rd Business Law and the Legal Environment, Twomey, Jennings and Greene. Comprehensive Volume,
Edition, 2017. You can use the full text if you wish to get it. Otherwise we have the necessary chapters excerpted into a
cost-saving paperback on sale at the bookstore. You can use an earlier edition of Anderson’s book, but you MUST see
me about it.

You are assigned to, and EXPECTED to read the proper chapter in the textbook, whenever possible, BEFORE the class(s)
that I lecture on those chapters. By doing so you will have some idea about what I am lecturing on, and will be able to
put my lectures into some context- -it won’t be the first time you are hearing/seeing what I am saying. You will not be
coming upon these crucial ideas cold. And because I EXPECT this, I may not be completely willing to repeat a definition
or spell a word that you should have already read.

NOTE: You may use any media version of the text: actual book, on-line version, rental, etc. But whichever form
you use you must bring the end-of-chapter question pages with you to class when we do these questions. I ask
you to print them out (yes, paper!) and bring them, although you can bring them on a computer device. THIS IS
A NECESSITY!! DO NOT MAKE ME ASK YOU IF YOU HAVE THE QUESTIONS WITH YOU!!
OTHER MATERIAL

Case Problem Handouts for Class Discussion. Handout problems are taken after assigned text questions. Ethics Module
Handouts. Stuff that catches my interest. HAVE THE HANDOUT QUESTIONS WITH YOU AS WELL.

TOPICS COVERED: CONTRACTS

The following is the order in which we will take the chapters in the text, but it does not tell you how soon or
when we move from chapter to chapter. Some chapters will take more than a week; others will take only a day or two.
If you are absent, it is your responsibility to find out what chapter we will be on when you return to class, and to be
prepared for that chapter. GET NOTES! READ THE TEXTBOOK!

FOR THOSE OF YOU USING EARLIER EDITIONS THAN THIS LATEST 23RD EDITION, THE CHAPTER NUMBERS
SHOULD BE ONE HIGHER TO CORRELATE TO THE NEW EDITION. FOR EXAMPLE NEW CH. 11 IS CH. 12 IN OLDER
EDITIONS; CH. 13 IS OLD CH. 12, ETC (13A AND 13B WERE 14A AND 14B)

Chapter 11 NATURE AND CLASSES OF CONTRACTS: Express, Implied and Quasi Contracts;
Valid, Void, Voidable and Unenforceable Contracts.
Case Problems: 8, 9, 11, 12.

Chapter 12 FORMATION OF CONTRACTS: The Agreement; Offer; Creation and Termination; Rejection; Revocation;
Acceptance - who, how, when.
Case Problems: 2, 3, 10, 13.

EXAM (See Below)

Chapter 13a CAPACITY: Minors, Insane Persons; Intoxicated Persons; Effect of Incapacity.
Case Problems: 2.

ETHICS MODULE: No matter how far along we are in the term’s work, the paper is due the first class of the fifth week.
Class discussion also required. Ethics material will be distributed at last class of second week. BUDGET YOUR TIME!

Chapter 13b GENUINESS OF ASSENT: Mistake; Fraud; Duress

Case Problems: 6, 7, 10, 11, 15.

EXAM (See Below)

Chapter 14 CONSIDERATION: Legal Detriment; Promissory Estoppel.

Case Problems: 5, 7, 8, 14.

Chapter 18 DISCHARGE OF CONTRACTS: Performance; Impossibility; Weather Clauses.

Case Problems: 4, 8.

WATCH CHAPTER SEQUENCE!

Chapter 19 BREACH OF CONTRACTS AND REMEDIES: Damages; Specific Performance; Measure of

Damage; Liquidated Damages; Applicable Rules.
Case Problems: 5, 7, 10.

Chapter15 LEGALITY AND PUBLIC POLICY: In Pari Delicto; Licensing statutes; Effect of Illegality;
Unconscionablity; Gambling; Restrictive Covenants.
Case Problems: 4, 5, 9, 11.

Chapter 16 FORM OF THE CONTRACT: Statute of Frauds; Parol Evidence Rule.

Sections A & B Only. (Omit C).
Case Problems: 1, 2, 7.
EXAMINATIONS

There will be two “MIDTERMS” of about a half hour each, one after chapter 13, and one after chapter 14b. Difficult, all
essay. There will be a final, also difficult and essay, non-cumulative, usually the same length as both half midterms
together but in finals week where you will have two hours for a one hour exam. DO NOT schedule your end of quarter
break in such a way as to miss the exam. The last day of exam week is usually Saturday, and Saturday exams are
sometimes scheduled for BLAW 201. Do not expect any exceptions unless there is a documented illness or emergency.
See me if you are scheduled to be away playing or traveling for a Drexel team sport, or Drexel sponsored activity.

GRADE

Your grade will be determined by 3 factors:

(1) all the exams, with each exam question equally weighted; (2) the Ethics Paper, which also counts as an exam
question and (3) class participation, which I use mostly to determine your final term grade if your exams and paper put
you on a borderline between two grades. The Ethics Module will count as much as one exam question. Class
participation, as part of your grade, consists of volunteering to answer class discussion case problems from the textbook
and from the handouts.

CLASS DISCUSSION PROBLEMS

You are expected to prepare the case problems at the end of the chapters and the hand-out cases, found in BBLearn,
time to time, for class discussion. Be ready to volunteer or be called upon at random each day we are doing questions.
These case problems are your interface with the “real world” as they are taken from actual legal disputes in the courts.
Thus they show the relationship between the disciplines of business and law, much as your co-op experience shows you
the relationship between what you are learning in the classroom and its real-life application. Through these case
problems you will gain an appreciation of our legal system and how it works. Class discussion will proceed in the
following order: First, book problems, as assigned above; second, departmental hand out cases (if any); third, my
handout cases (SUPPLEMENTAL QUESTIONS).

ATTENDANCE

Since you are adults, and are paying for this course, there is no specific rule on attendance. However, much of the exam
material comes from lectures on material NOT found in the text. Also if you are absent frequently you won’t earn class
participation credit. If you miss class, GET NOTES!

See the attached Academic Policy on Absence from Class. If you miss class, it is your responsibility to get notes, answers
to questions, etc, from a classmate. I suggest you get missed notes, etc., from more than one classmate. If you are
ill/unable to be in class for more than a day it is to your advantage to notify me ASAP, in advance, if you know it, or soon
as you can, for illness, injury, emergencies, etc. Then we can work out something at both of our conveniences. Don’t
disappear, and then, several (or more!) classes later, pop up and expect me to “fix things” on your timetable. It doesn’t
work like that. While this approach seems cold, it’s not. Faculty want to help you if you have a problem. But we have to
know about it to help you with it.

OFFICE HOURS

My office is 842 Gerri C. LeBow Hall (GHall). During the Winter Quarter my office hours are: Mondays: 4:45-5:45PM;
Tuesdays 3:00–3:45PM or 6:00-7:00PM; Wednesdays 4:45-5:45PM; Thursdays 3:00–3:45PM or 6:00-7:00PM, or we can
make an appointment for some other time, if necessary. Don’t wait until the week of the exam to seek help from me!!!
Check with me before coming in case I am going to be at a meeting, eating lunch or supper, during the posted office
hours; or else just drop in to see if I am there. I don’t like to type, but my e-mail is: steven.r.sher@drexel.edu . Include a
phone number in your email so I can answer you in a useful manner. Feel free to call me: 215-895-2128.
CHEATING

Plagiarism Statement (Source: Student Code of Conduct):

Please place this statement on your syllabus verbatim.

Plagiarism is the inclusion of someone else’s words, ideas, or data as one’s own work. When a student submits work for
credit that includes the words, ideas, or data of others, the source of that information must be acknowledged through
complete, accurate, and specific references, and, if verbatim statements are included, through quotation marks as well.
By placing his/her name on work submitted for credit, the student certifies the originality of all work not otherwise
identified by appropriate acknowledgments. Plagiarism covers unpublished as well as published sources.
Examples of plagiarism include, but are not limited to:

• Quoting another person’s actual words, complete sentences or paragraphs, or an entire piece of written work
without acknowledgment of the source.
• Using another person’s ideas, opinions, or theory, even if it is completely paraphrased in one’s own words without
acknowledgment of the source.
• Borrowing facts, statistics, or other illustrative materials that are not clearly common knowledge without
acknowledgment of the source.
• Copying, or allowing another student to copy, a computer file that contains another student’s assignment, and
submitting it, in part or in its entirety, as one’s own.
• Working together on an assignment, sharing the computer files and programs involved, and then submitting
individual copies of the assignment as one’s own individual work.

Students are urged to consult with individual faculty members, academic departments, or recognized handbooks in their
field if in doubt regarding issues of plagiarism.

Cheating Statement (Source: Student Code of Conduct):

Please place this statement on your syllabus verbatim.

Cheating is an act or an attempted act of deception by which a student seeks to misrepresent that he or she has
mastered information on an academic exercise that he/she has not mastered. Examples include, but are not limited to:

• Copying from another student’s test, exam, quiz, and/or paper.

• Allowing another student to copy from a test, exam, quiz, and/or paper.
• Unauthorized use of course textbook or other materials, such as a notebook to complete a test or other assignment.
• Collaborating on a test, exam, quiz, or other project with any other person(s) without authorization.
• Using or processing specifically prepared materials during a test such as notes, formula lists, notes written on the
students clothing, etc. that are not authorized.
• Taking a test for someone else or permitting someone else to take a test for you.

IN ADDITION: Your professor considers it an act of cheating to, in any manner; record all or any part of any
lecture (without the express written permission of the professor). This includes recordings on cell phones,
IPADs, or any other such devices.

PENALTIES FOR CHEATING: If you are found to have chested, you may incur one of more of the following (this is
a list of examples, not a full catalog of possible penalties): a grade failure (F) for the course; a grade of 0 for the
exam; a grade of 0 for the specific part of an exam or paper you were found cheating on; lowering of your grade
by one or more full or partial grades.
ADDING/DROPPING/WITHDRAWAL FROM A COURSE:

Please visit http://drexel.edu/drexelcentral/courses/AddandDrop for more detailed information regarding the University
policies for Adding/Dropping courses. University policy is that the last day to withdrawal from a course is the last day of
the seventh (7th) week of the quarter (http://drexel.edu/drexelcentral/courses/adjustments/course-withdraw/) I cannot
change this. There is an exception made if you are unable to determine your progress in a course by the drop date (ex:
no exam or midterm grade by the end of the sixth week). To use this exception you need a note to that effect from the
professor, as well as his/her signature on a drop slip, plus a note from you explaining the situation.

STUDENTS WITH DISABLITIES:

Students with disabilities requesting accommodations and services at Drexel University need to present a current
accommodation verification letter (“AVL”) to faculty before accommodations can be made. AVL’s are issued by the
Office of Disability Services (“ODS”). For additional information, contact the ODS at www.drexel.edu/edt/disability, 3201
Arch St., Ste. 210, Philadelphia, PA 19104, V 215-895-1401, or TTY 215-895-2299.

CONTINUE TO NEXT PAGE

Absence from Class http://www.drexel.edu/provost/policies/absence.html

Home / Policies /

ABSENCE FROM CLASS

Issuing Office: Office of the Provost

Issued: December 1, 2008

POLICY STATEMENT

Absences due to University Sponsored Activities

Many students participate in University-sponsored activities in which they represent the University or their academic college or
department. Such activities may cause a student to be absent from class. In many instances, such absences qualify as “excused
absences” which means that the absence, with proper prior arrangement, is not subject to penalty and coursework may be satisfied
through agreement between the instructor and the student. Some examples of events that may qualify for excused absence include:
athletic competition; research or presentation in which the student is an integral member of the presenting team, musical or performing
arts events. In order to determine if an event qualifies for excused absence, students are encouraged to discuss the activity with their
instructor(s) and academic advisor.

Students seeking approval for an approved absence are responsible for notifying their instructor(s) at least two (2) weeks in advance of
such absences. If the activity is at the beginning of the term, students should notify their instructor(s) as soon as possible. Instructors are
expected to make reasonable accommodations for these class absences including administration of make-up assignments and exams
whenever possible. Please note, however, that the requirements of some courses or programs may preclude such accommodations.

It is expected that students seeking an excused absence will develop a plan and timetable to make up the missed coursework with their
instructor(s).

Other Absences

Unforeseen events or circumstances may occur that cause a student to be absent from class. These could include illness, bereavement,
accident, or a catastrophic event such as fire. If such issues arise, students are encouraged to notify their instructors as soon as possible
in order to apprise them of the circumstances leading to their absence from classes and to develop a plan, with a timetable, to make up
missed coursework. Students may be asked to provide documentation to provide perspective that the class absence is warranted.
Instructors are expected to make reasonable accommodations for these class absences including administration of make-up
assignments and exams whenever possible.

The cases of absence due to illness and extended absences are described more fully below. It is strongly recommended that students
alert their academic advisor as well to notify them of the circumstances and discuss potential next steps with them.

Religious Observances

Students should review the Religious Observances Statement in the event they are seeking an excused absence for a religious
observance.

Medical Illnesses

In the event of absence due to a medical illness, students should review the syllabi for their courses with regard to the instructor’s policy
on absence. In cases of serious illness or medical conditions which impact a student’s ability to participate in courses for an extended
period,faculty may request that students provide a note from a physician or documentation indicating that the absence from class is

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warranted. General guidance regarding requests for such medical documentation can be found in the Health Center Notes Policy.

Documentation is not necessarily warranted for shorter term illnesses which may legitimately prevent a student from attending classes
but which require self care, such as cold, viral infection or uncomplicated flu. Should absence due to illness impact a student’s ability to
participate in examinations or presentations, the student is strongly advised to coordinate with his or her instructors prior to the
examination or presentation in order to explore the impact of the missed assignments and options. Based on this information, the student
can make a decision regarding participation in the course.

Students should note that the Drexel Health Center will not provide notes to excuse absences for students missing class due to common
illnesses. The Health Center will also not provide notes to excuse absences for students for medical conditions that were not treated at
the Health Center. If, in the judgment of a health care professional of the Health Center, the student will be out of class for an extended
period of time due to a serious illness or medical condition, the Health Center will provide an appropriate note. Examples of serious
illnesses or medical conditions may include but are not limited to:

Mononucleosis, which requires bed rest and/or removal from campus

Hospitalization and/or surgery

Severe injury requiring bed rest

Severe flu and/or dehydration requiring bed rest

Highly contagious diseases (chicken pox, measles)

Extended Absences

In the event of extended absence where several classes have been missed, students should explore options other than those described
above, such as incomplete grade (please reference the Grades policy) or withdrawal (please reference the Course Withdrawal policy).

In the event of an extended absence due to a chronic medical condition or disability, students are strongly advised to contact the Office of
Disability Services to explore potential accommodation and their academic advisor to explore academic options available to them. A
student’s academic advisor can review policy governing such options as medical withdrawal or incomplete and any potential results of
electing in these options. Documentation will be required by the Office of Disability Services in order to enact incomplete grade or
withdrawal from courses after the course adjustment period but before the end of the quarter. Confidentiality is maintained by the Office
of Disability Services.

Drexel Univesity | Office of the Provost | 3141 Chestnut Street, Philadelphia PA 19104

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