Focus of the 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.Writing the Final PaperThe Final
Paper:Must be
eight to ten double-spaced pages in length (not including the title and
reference pages), and formatted according to APA style as outlined in the
Ashford Writing Center.
Must
include a 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 textbook.Must
document all sources in APA style, as outlined in the Ashford Writing
Center.Must
include a separate references page, formatted according to APA style as
outlined in the Ashford Writing Center.