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.
- 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 Ashford Writing Center (Links to an external site.).
- 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, two of which must be from the Ashford University Library, in addition to the course text.
- Must document all sources in APA style as outlined in the Ashford Writing Center.
- Must include a separate references page that is formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.).
Explanation & Answer
am done you're welcome
Running head: LAW PROPOSAL
Title of the paper:
Custom-based Law contacts are to be utilized when organizations are framing an
association. This is on the grounds that the business gets that are given under the customary law
that is known to stick to exceptionally strict tenets that are the very perfect representation of the
standards set. The customary law contracts don't give space to any progressions once the
agreements have been agreed upon.
A contract is a legally binding agreement between two or more parties that can be either
written or verbal. A valid contract must have the following elements;
Mutuality of obligation
Capacity and competency
Written instruments in some circumstances
Few out of every odd contract require be in writing to be substantial and authoritative on
the two gatherings. Yet, almost every state governing body has authorized a group of law that
recognizes certain sorts of agreements that must be in writing to be enforceable. In legitimate
speech this group of law is known as the statute of fakes. Named following a seventeenthcentury English statute, the statute of fakes is intended to keep an offended party from bringing
an activity for rupture of agreement in light of a nonexistent understanding for which the main
confirmation of the assertion is the offended party's prevaricated declaration. The statue of fakes
endeavors to achieve this goal by forbidding the requirement of specific contracts, unless the
terms of the agreement are explicitly reflected by composed note, notice, or assertion that is
marked by the gatherings or their own agents.
The expulsion of an offer finishes the offeree's vitality of affirmation and terminations the
offeror's hazard for the offer. Rejection may come as an express refusal to recognize the offer or
by recommendation when the offeree makes a counteroffer that is truly not exactly the same as
the offeror's one of a kind suggestion. Most purviews additionally perceive an offeror's
entitlement to pull back or repudiate an offer as true blue methods for ending the offer. Offers
that are not dismissed, pulled back, or denied for the most part proceed until the point that the
termination of the day and age indicated by the offer, or, if there is no time restricts determined,
until the point when a sensible time has passed. A sensible time is resolved by what a sensible
individual would think about adequate time to acknowledge the offer in light of the current
situation. Notwithstanding how much time has slipped by following an offer, the passing or
madness of either party before acknowledgment is conveyed typically ends an offer, as does the
decimation of the topic of the proposed contract and any mediating conditions that would make
Acceptance of an offer is the expression of assent to its terms. Acceptance must generally
be made in the manner specified by the offer. Numerous offers indicate the strategy for
acknowledgment, regardless of whether it is oral or composed, by telephone or face to face, by
handshake or by service. Different offers leave open the technique for acknowledgment,
permitting the offeree to acknowledge in a sensible.
MUTUALITY OF OBLIGATIONS
Each social occasion to an assertion must give something of noteworthy worth that
affects the other to enter the affirmation. The law calls this exchange of characteristics thought. It
may involve an assurance to play out an exhibition that one isn't authentically required to do or a
certification to refrain from a showing that one is legally fit the bill for do. . A court's
examination with reference to whether an understanding is maintained by satisfactory idea
normally focuses more on the assurance or execution of the offeree than the certification or
execution of the offeror. Courts much of the time say that no idea will be found unless the
offeree perseveres through a genuine hindrance in affecting the landing to ensure or in playing
out the show requested by the offeror. If all else fails, legal burden is found if the offeree
surrenders an authentic right in fulfilling his or her lawfully restricting commitments.
Consequently, guarantees. to give love and kinship or make a gift or blessing are not sufficient
idea to help an understanding in light of the way that no one is under a honest to goodness
commitment to give or quit giving these things to others. So likewise an assurance to play out an
exhibit that has quite recently been done in the past fails to offer idea to help another declaration.
The two gatherings must will undoubtedly play out their duties or the law will see the
understanding as if neither one of the gatherings will without a doubt perform. Right when an
offeree and offeror exchange assurances to perform, one social occasion may not be given the
inside and out and endless perfect to scratch off the assention. Such strategies attempt to
empower one social event to perform at her amusement, while clearly not reducing the other
party of his responsibilities regarding perform. Most courts announce these one-side approaches
invalid for nonattendance of shared characteristic of duty. A couple of courts simply dishonor
such contracts for nonappearance of thought, feeling that a social affair who is given preeminent
vitality to wipe out a...