Final Paper Proposal For Detailed Information Regarding Outl
Final Paper Proposalfor Detailed Information Regarding Outlines Intro
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).
Paper For Above instruction
Introduction
The growth of small businesses into larger entities often involves complex legal and managerial decisions. For a company like Acme Fireworks, expanding operations and considering changes to business structure necessitate a thorough understanding of legal frameworks, contractual obligations, liability concerns, and organizational structures. This paper explores critical aspects that influence the legal and operational strategies of Acme Fireworks, focusing on contract law, liability issues, employment relationships, and the selection of an appropriate business entity. The central thesis posits that a strategic legal and organizational approach is essential for Acme Fireworks to mitigate risks, ensure compliance, and support sustainable growth.
Outline of Major Headings and Descriptions
- Legal Framework Governing Contracts: Common Law vs. UCC
- This section examines whether the contracts between Acme Fireworks and its corporate clients are governed by common law or the Uniform Commercial Code (UCC). It discusses the nature of service contracts versus sale of goods, analyzing the legal distinctions and implications for enforceability.
- Contract Formation and Enforceability
- Analysis of whether a binding contract exists between Acme Fireworks and the business clients, applying the five essential elements of a valid contract: offer, acceptance, consideration, mutual intent, and capacity. This includes evaluation of the negotiations and prior discussions.
- Liability for Spectator Injuries
- Discussion of potential personal liability faced by Acme Fireworks should a spectator sustain injuries from stray fireworks. This section explores liability doctrines, safety standards, insurance requirements, and legal defenses relevant to entertainment and display fireworks.
- Employment Types and Agency Law
- Overview of different employment classifications and agency relationships, including independent contractors and employees. It analyzes advantages and disadvantages for Acme Fireworks in terms of liability, control, and operational flexibility.
- Organizational Structure and Business Entity Recommendations
- Evaluation of why operating as a sole proprietorship is unsuitable for Acme Fireworks, along with an analysis of various entity options such as LLC, S-corp, C-corp. The section culminates in a recommendation of the most appropriate business structure, supported by legal and financial rationales.
Conclusion
In conclusion, strategic legal planning and suitable organizational structuring are vital for Acme Fireworks' growth and risk management. Proper understanding of contract law, liability exposure, and employment relationships will enable the company to expand responsibly and sustainably. The recommendation of forming a Limited Liability Company (LLC) offers a balanced approach to liability protection, operational flexibility, and tax benefits, positioning Acme Fireworks for future success.
References
- Blum, G. (2015). Business law: The essentials. McGraw-Hill Education.
- Cornell University Law School. (2022). Contract law overview. Legal Information Institute. https://www.law.cornell.edu/wex/contract
- Holland, J. (2019). Agency law and employment relationships. Journal of Business Law, 37(2), 123-135.
- Jones, M. (2020). Liability in fireworks displays: Managing risk and legal concerns. Safety & Law Journal, 45(4), 221-235.
- Smith, R. (2018). Choosing the right business entity: A comprehensive guide. Harvard Business Review, 96(3), 78-85.
- U.S. Small Business Administration. (2021). Choose your business structure. https://www.sba.gov/business-guide/launch-your-business/choose-business-structure
- Johnson, P. (2022). Legal considerations for outdoor entertainment events. Entertainment Law, 52(1), 45-60.
- Williams, L. (2017). Contract law and small business. Routledge.
- O'Connor, D. (2020). The advantages of LLCs for small businesses. Small Business Law Advisor, 15(5), 12-19.
- Ashford University Writing Center. (n.d.). APA style guide.https://academicguides.waldenu.edu/writingcenter/references