You are the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owners garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed you that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and a price per display was agreed upon. It was discussed that most of the cost for a fireworks display is for skilled labor, insurance, and the actual service of setting off the fireworks. No other details were discussed. The owner is anticipating that new employees will need to be hired, but he is worried that if the large orders for fireworks displays do not continue, the company will not have the funds to pay the new employees. The owner is now considering changing the business entity, but he does not know what entity to form or how to form it.
The owner has asked you to do the following:
Determine if the contracts with the businesses will be governed by common law or the Uniform Commercial Code (UCC), and explain why.
Analyze whether the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract.
Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display.
Discuss the different employment types and relationships relevant to agency law, and analyze the advantages and disadvantages of each type specific to Acme Fireworks.
Explain why Acme Fireworks should not operate as a sole proprietorship. Recommend a new business entity, and provide rationale to support your recommendation.
For each task, be sure to analyze the relevant law, apply the facts to the law, and make a conclusion.
Must be 8 to 10 double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Writing Center Links to an external site..
Must include a separate title page with the following:
Title of paper
Course name and number
Must begin with an introductory paragraph that has a succinct thesis statement.
Must address the topic of the paper with critical thought. That is, describe what your response is to the content, either positive or negative, and defend your position. If multiple options, alternatives, and/or positions are present and are being rejected, you must also defend the reasons for rejecting an option.
Must end with a conclusion that reaffirms your thesis.
Must include at least five scholarly sources, two of which must be from the University of Arizona Global Campus Library, in addition to the course text.
Must document all sources in APA style as outlined in the Writing Center.
Must include a separate references page that is formatted according to APA style as outlined in the Writing Center Links to an external site..
You are off to a good start. Some of the headers you provided are not on point in addressing the assignment prompts. It is best to include headers throughout your paper that directly correspond with the assignment topics like Common Law or UCC, Contracts, Agency Law, Torts, and Entity Type. Be sure to list the legal elements of each issue (for instance the five essential elements of a legally enforceable contract are offer, acceptance, consideration, capacity, and legality of purpose) and apply the facts of Acme’s scenario to each element. See my comments throughout your paper for specific information. Be sure to address all the assignment prompts and use the textbook as your main source for all definitions. After you review my comments, please let me know if you have any questions. I look forward to reading your final paper.
- If you were a researher, what population would you like to study?
- Which era was the most significant in terms of scientific and intellectual achievement and why?
- Discuss The Benefits of Therapy Animal Use in Healthcare.
- Explain how you believe the courts decision played a role in policy changes.
- Write a formal persuasive e-mail to a community leader to address a social concern.
- Discuss related challenges faced by social workers who serve the identified special population and its related field of practice.
- Explain and evaluate the article based on the criteria of clearness and the scientific method, as discussed in lectures.
- To what degree or under what circumstances should an individual rebel against, rather than conform to, society?
- Discuss about organizational design using strategic management principles.
- Describe the “reality contract” of a film or scripted TV series (not a “reality show” or news documentary) of your choice.