Final Paper Proposal. You are the manager of Acme Fireworks
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.
Complete
"Final Paper Proposal
For detailed information regarding outlines, introductions, thesis statements, and an APA references list, visit the Ashford Writing Center.
Review the assignment instructions for the Final Paper in Week Five. Submit an outline for your Final Paper that includes the following:
Develop an introduction with a thesis statement for the Final Paper.
Create an outline of the major headings with a two- to three-sentence description of what you will discuss under each heading.
Provide a references page for the sources used in the Final Paper (the Final Paper has a minimum requirement of five Scholarly sources).
State the complete bibliographic citation for the Scholarly source following APA guidelines
The outline must be two to three pages in length (excluding title and reference pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.)." ?
Final Paper Proposal
Students’ Name
Institution
Final Paper Proposal
Being a small company that started at a garage two years ago, Acme Fireworks is on the verge of expanding. Acme's expansion over 15 years is visible by growth in the number of employees. Growth and development require an understanding of the law and contracts, which will enable the company to minimize the risks involved while companies are expanding. Because many businesses do not understand the risks involved during business expansions, Acme Fireworks should carefully go through the law and contractual process so that it can maximize the opportunities that come with growth.
Contracts of Acme Fireworks with the large companies will be governed by common law. Since the company is seeking to obtain contractual services from the large companies and its employees, then common law will apply (Schwartz & Scott, 2016). In the country, the common law governs contracts for services. The business owner formed a bilateral contract with the businesses. Bilateral agreements are established when both parties promise to do something for each other; that is, Acme Fireworks are ready to provide fireworks display on for the companies daily, and the company will pay for the services provided. For this contract to be enforceable, it should have the following elements:
Offer
It is a proposal for one party to get into agreement with another party on specific terms creating a power of acceptance at the receiving party (Hawkins, 2019). The offer is then communicated to the intended party through the best means available. The offer is considered obsolete if it is not accepted within the dates set out in the offer (Goldberg, 2018).
Acceptance
When the offeree (the party who receives the offer) agrees to make a contract on the terms offered by the offeror (the party who makes an offer, Acme Fireworks), they are both in acceptance. Communication is kept in the same way the proposal was delivered
Considerations
As the third element of an enforceable contract, considerations contain the benefits that each party receives from the agreement. The reviews may be present, future, or past. Acme fireworks, together with the businesses, have future considerations since the provision of fireworks will be provided after they have a mutual agreement on their terms with the companies, and benefits communicated.
Capacity
Both parties should contemplate what they are signing for, and they should have the ability to perform the contract. The capacity to perform the deal is an essential element of an enforceable agreement to ensure competency and fluidity.
Terms
Essential aspects such as time of performance, nature of work, and quantity should be described accurately. The validity of a contract is dependent on the conditions which should be clear and p...
👀 Other Visitors are Viewing These APA Essay Samples:
-
The Relationship Between Black Lives Matter and Collective Memory
4 pages/≈1100 words | No Sources | APA | Literature & Language | Essay |
-
My Experience Volunteering at a Homeless Shelter Essay
6 pages/≈1650 words | No Sources | APA | Literature & Language | Essay |
-
Lessons from Communication Disorders
1 page/≈275 words | No Sources | APA | Literature & Language | Essay |