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Pages:
7 pages/β‰ˆ1925 words
Sources:
4 Sources
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 30.24
Topic:

Acme Fireworks Uniform Commercial Code

Essay Instructions:

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 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.)

Essay Sample Content Preview:

ACME Fireworks
Student’s Name
Institutional Affiliation
Date
Introduction
This paper will discuss the uses of the uniform commercial code in different areas of law including the commercial contracts, its benefits and applications. It will also focus on the advantages and disadvantages of certain business relationships as well as forms of businesses as applied by Uniform Commercial Code. Also the paper will discuss on the shortcomings of specific forms of business as well as giving the recommendations to counter such weaknesses. All these will be discussed in line with the Acme fireworks which deal with the creation and display of fireworks for commercial use (Tepper, 2011). 
The contract will be entered into on the basis of the Uniform Commercial Code (UCC) and not the common law. The uniform commercial code is the Act that governs the various contracts under law. There are various contacts that are governed by this Act, for example, the law of contract, the sale of goods contract, law of property and the law of guarantee. The common law will not be applied in these contracts because it deals with handling issues of civil and criminal cases as opposed to business transactions. This is why it is reasonable to apply the Uniform Commercial Code in a contract that will be entered by Acme fireworks.
Acme really entered into contracts with other companies for the creation and display of fireworks. There are some indications that show and support the fact that Acme entered into a valid contract with the companies for the creation and display of fireworks.
Offer-a contract is only valid if there is an offer that is made. An offer is made by one party to the contract and is accepted by other. In this case, the several companies that made the inquiries are the one that made the offer. The offer must be definite and should be communicated to both parties .It should be specific or general. The several companies made an offer to Acme for the creation and display of fireworks, something that constitute an element of a valid contract. This indicates that Acme made entered into a contract with the other companies.
Consideration-The consideration is the price that is paid in a valid contract. A contact cannot be if there is no consideration. If there i...
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