Law Proposal Part II, Assignment Homework Help

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Final Paper

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 owner’s 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.

The paper

  • Must be 8 to 10 double-spaced pages in length (not including title and references pages) and formatted according to APA style, Times New Roman font, 12 font size, double spaced
  • Must include a separate title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • 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
  • Must document all sources in APA style 
  • Must include a separate references page that is formatted according to APA style


Unformatted Attachment Preview

1 Running head: LAW PROPOSAL Law Proposal Student’s Name Professor’s Name Course Title 2 LAW PROPOSAL LAW PROPOSAL 1. Introduction Common Law contacts should be used by businesses when they are entering into business contracts between themselves and other businesses. This is because the business contracts that are guided by common law are known to adhere to very strict rules that are the very mirror image of the rules set. These contracts by common; law do not allow any changing to be done to them once they are signed by the parties involved. 2. Definition a. A contract is a legally binding agreement between two or more parties that can either be oral or written. 3. Dispute Solution a. The differences between the Uniform Commercial Code laws and the common laws that govern contract signing between businesses in the end are known to play a major role in the solving of disputes that arise as a result of contract breaches. i. The contract law has two sources of laws that govern it that being the common law and the Uniform Commercial Code. ii. Contract law is able to control the agreements involving parties that involve themselves goods, services, and money and employment contracts. iii. The contract laws always ensure that both parties are able to adhere to the promises that they set. 3 LAW PROPOSAL iv. The laws set ground rules that have to be followed by all parties so that none of the parties involved will lose out on a promise made (Beatty and Samuelson, 2007). b. Uniform Commercial Code contract allows for changes to the terms of the contract. It also deals mainly with the commercial transaction contracts mainly between states and also may involve small and entrepreneurial businesses i. The Uniform Commercial Code has nine articles and each of the articles has provisions that relate to a very specific part of the commercial law. ii. Uniform Commercial Code mainly deals with issues relating to sales, leases, negotiable instruments, the bank deposits, transfer of funds, credit letters, bulk transfers and sales, investment securities and secured transactions. iii. The main reason for the formation of the Uniform Commercial Code laws in 1952 was so as to standardize the business laws in the United States and ensure there is uniformity amongst the states. This is because different states have different laws that govern their business transactions. iv. Uniform Commercial Codes Laws do not cover some other business related contracts such as real estate contracts, the service contracts and also employment contracts (White et al 2010) c. Common Law Application i. Business transactions that involve provision of services or the hiring of independent contractors to work for the business, a state’s statutes may not help in the contract formation. It will require both parties to relay 4 LAW PROPOSAL on more general principles that govern the contract law and these are mainly found in the common Law. ii. The common Law contracts generally applies to the business contracts that deals with the services, insurance, employment, intangible assets and also the real estate (Furmston and Brownsword, 2010). iii. The major difference between the common law contract and the Uniform Commercial Code contract is the “acceptance”. The common law is known to follow the “Mirror Image Rule” and this requires that the acceptance should be an exact mirror image of the terms and conditions of the offer found in the contracts for it to be legally recognized. 4. What is an offer? a. An offer is the demonstration of the willingness of a party to be bound by the contract. To create the contract into a binding one, the offered must accept the offer. This will see a contract being created. b. Acceptance of the terms of the contract must be unconditional and they should go hand in hand with the terms of the contract. c. Unlike the Uniform Commercial Code, changes can be made though they have to affect the contract “materially”. d. The Uniform Commercial Code is known to focus on the quantity unlike the Common Law that not only focuses on the quantity but also on the price, time of performance, the nature of the work and also other issues. 5. Contract creation a. A contract must come up as a result of bargaining between parties involved. 5 LAW PROPOSAL b. A consideration is required so that a valid and enforceable contract can be formed i.e. both parties involved in the contract should be able to receive something of value to them. i. A consideration can take the form of money or any other item of value that is provided by either party to the other. ii. When it comes to the modification and the discharge of the contract, the uniform Commercial code allows for a modification without any additional consideration. iii. The contract can also be discharged if it is found to have impracticability. Under the common law; a contract cannot be modified by any party without additional consideration (Blum, 2007). 6. Breach of contract punishment a. In the common law, it allows the statute of limitation is four to six years.in the Uniform Commercial Code, it is four years. b. The statute of limitation is the deadline that is given to a business to file for a lawsuit in case there is a breach of contract by either party. c. Incase this period passes without a case being filed; the claim is no longer valid. The intention of this law is so that they can facilitate an amicable resolution within a reasonable length of time (In DiMatteo and In Hogg 2016). 7. Conclusion 6 LAW PROPOSAL References Beatty, J. F., & Samuelson, S. S. (2007). Business law and the legal environment. Mason, Ohio: Thomson/West. Blum, B. A. (2007). Contracts: Examples & explanations. Austin: Wolters Kluwer Law & Business. Furmston, M. P., & Brownsword, R. (2010). The law of contract. London: LexisNexis. In DiMatteo, L. A., & In Hogg, M. (2016). Comparative contract law: British and American perspectives. White, J. J., Summers, R. S., & West Group. (2010). Uniform commercial code. St. Paul, Minn: West Group. ...
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Tutor Answer

Francis2011
School: UCLA

Running Head: LAW PROPOSAL

1

Law Proposal

Student’s name
Course name and number
Instructor’s name
Date submitted

LAW PROPOSAL

2

Contracts are termed as legal binding agreements between two or more parties. The
contract can either be verbal or written. Business, small or big engage in contractual activities on
daily basis. Small business are involved in sale and buying of goods and services and this
requires them to enter into agreements with their clients. Regardless of whether it’s verbal or
legal, contracts contain essential elements that quantifies it as a legal binding (Introduction to
Contracts, n.d.). A contract has an offer. An offer forms the basis of creating a contract and
defines the willingness of the involved parties to remain bound to the contract terms.
Acceptance is another element of a legal contract. Acceptance defines the party’s willingness to
remain loyal to the agreed contract terms. Once the parties accept the offer, they enter into a
legal relationship governed by the legal conditions. Contracts are usually bound by laws and all
businesses no matter the sizes are expected to abide by those laws when forming contracts.
States laws are involved in governing of contracts. Contracts are either overseen by the common
law or the Uniform Commercial Code laws. UCC controls the sale of goods contracts and
consists of laws that are standardized to control commercial transaction contracts (White et.al,
2010). UCC defines the uniform contract rules that business in commercial transactions need to
consider when forming contracts. Common law contracts are based on old customs and court
decisions and controls contracts such as leases, employment and insurance. A breach in contract
terms is governed by the contract laws, both in the common law and the UCC (Ayres, 2012).
This article analyses the Acme fireworks sole proprietorship practices to contract laws, third
parties as well as the employment relationships Acme fireworks can adapt in executing of its
business activities.
Business contracts are either overseen by the common law or the UCC rules. These laws
defines the outcome of the contract in cases where contract disputes arise due to the breach in

LAW PROPOSAL

3

contract terms. In the case of Acme Fireworks, the contract with its partners could be well
governed using the common law rules. Common law is usually applied in contracts that require
insurance, employment and service delivery is depicted in the case of the contract issued by the
Acme fireworks. Contrary, UCC rules are only applied in cases where the parties involved are
engaging on sale of goods contracts. This would ensure that the workers are insured under this
contract and all employment costs would be catered for by the contract. This would minimize the
costs on the side of the sole proprietorship especially due to the additional costs of employing
extra workforce. In this case, acme fireworks, a sole proprietorship business is entering into
contracts with big already established companies. The companies might decide to make changes
on their offer if the contract is based on the UCC laws. UCC allows contract modifications
without additional consideration being considered. Thus the Acme contract in this case will be
better protected if the sole proprietor f...

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Anonymous
awesome work thanks

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