NOTE: Your response must be limited to FOUR (4) pages. Be sure to respond to each part of each question. A surgeon performs elective surgery on John Smith. Smith later complains to his surgeon about pain resulting from the surgery. His surgeon dismisses his complaints as not credible and eventually withdraws from the case. Smith is then treated by another surgeon, who determines that Smith developed complications from surgery and that the delay in treatment has made the complications worse. Smith sees an attorney about a possible lawsuit against the first surgeon. Name the causes of action and, using the facts provided in the scenario, explain the corresponding theories of liability that could support a lawsuit under these circumstances. Make sure to mention what elements a plaintiff would have to prove in each cause of action to support that theory of liability. Be sure to use citations in support of your assertions. You may cite cases or information you find on your own, so long as they are from a reputable source.

Final PaperYou 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 paperMust be 8 to 10 double-spaced pages in length and formatted according to APA style Must include a separate title page with the following:Title of paperStudent’s nameCourse name and numberInstructor’s nameDate submittedMust 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 Ashford University Library, in addition to the course text.Must include a separate references page Carefully review the Grading Rubric (Links to an external site.)Links to an external site. for the criteria that will be used to evaluate your activity.