Final Paper Proposal For Detailed Information ✓ Solved
Final Paper Proposal For detailed information regarding
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).
Focus of the Final Paper: You are the manager of Acme Fireworks, a fireworks retailer that 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 Paper: The 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 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 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.
Paper For Above Instructions
Title: Legal Considerations for Acme Fireworks: A Business Proposal
Introduction
In the fast-evolving landscape of the fireworks industry, Acme Fireworks has successfully transitioned from a sole proprietorship to a burgeoning enterprise. As the company manager, it is essential to evaluate and respond to the intricate legal and operational challenges posed by recent inquiries from larger businesses for regular fireworks displays. This paper aims to critically analyze the legal implications of the contracts proposed by these businesses, the company’s existing legal structure, and the potential impacts of these inquiries on operational and legal frameworks. The ensuing discussion will be guided by the thesis that transitioning from a sole proprietorship to a more suitable business entity is paramount for Acme Fireworks to mitigate personal liability risks, ensure compliance with relevant laws, and support sustainable growth.
I. Business Structure Analysis
Acme Fireworks operates as a sole proprietorship, which simplifies certain aspects of business operation but carries significant disadvantages, particularly concerning liability and funding. In this section, I will explain the implications of continuing as a sole proprietorship, particularly in light of potential exposure to personal liability from business operations, using the example of a spectator getting injured due to a stray firework.
II. Contractual Relationships and Legal Governance
Contracts with large businesses undertaking fireworks displays will likely fall under the governance of the Uniform Commercial Code (UCC), considering that they involve the sale of goods and services related to fireworks. In this section, the five essential elements of contract formation—offer, acceptance, consideration, mutual assent, and legality—will be applied to assess whether valid contracts exist with the inquiring businesses.
III. Liability Analysis
The potential personal liability of Acme Fireworks due to injuries sustained during displays must be addressed. A comprehensive analysis will delve into the ramifications of liability insurance, risk management strategies, and how business structure changes could limit personal risk to the owner and stakeholders.
IV. Employment Considerations
As Acme Fireworks anticipates hiring new employees, it is crucial to comprehend various employment types and relationships under agency law. This section will evaluate the advantages and disadvantages of different employment relationships, including independent contractors versus employees, and how each structure impacts Acme Fireworks operationally and legally.
V. Recommended Business Entity
This section will recommend an alternative business entity, such as an LLC (Limited Liability Company) or corporation, assessing their benefits, including liability protection, tax implications, and operational flexibility. The rationale for this recommendation will consider the current and future business environment faced by Acme Fireworks.
Conclusion
In conclusion, Acme Fireworks stands at a critical juncture necessitating substantial evaluation of its legal structure and operational strategy as business inquiries escalate. The analysis herein strongly advocates for transitioning from a sole proprietorship to a more protective and resilient business entity to foster growth, mitigate risks, and ensure compliance with legal standards while addressing the evolving demands of the market.
References
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- Cheeseman, H. R. (2019). Business Law. Pearson.
- Garner, B. A. (2018). The Complete Legal Writer. West Academic Publishing.
- Kahn, A. E., & Wilkins, K. (2020). Liability in the Fireworks Industry: An Analysis of Risks and Insurance. Journal of Risk and Insurance, 87(2), 123-145.
- Nelson, M. J. (2022). An Overview of Agency Law. Business Law Journal, 15(3), 45-59.
- Organization for Economic Cooperation and Development (OECD). (2020). Guidelines for the Environmentally Sound Management of Waste. OECD Publishing.
- Schuman, A. (2023). Entrepreneurship: Starting a Business from the Ground Up. Routledge.
- Swanson, R. A. (2021). Commercial Law. Blackwell Publishing.
- U.S. Small Business Administration. (2019). Choosing a Business Structure. Washington, D.C.
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