Focus
of the 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 ownerâs 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:
1 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.
2 Must
include a title page with the following:
a
Title of paper
b
Studentâs name
c
Course name and number
d
Instructorâs name
e
Date submitted
3 Must
begin with an introductory paragraph that has a succinct thesis statement.
4 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.
5 Must
end with a conclusion that reaffirms your thesis.
6 Must
include at least five scholarly sources, two of which must be from the Ashford
University Library, in addition to the course textbook.
7 Must
document all sources in APA style, as outlined in the Ashford Writing Center.
8 Must
include a separate references page, formatted according to APA style as outlined
in the Ashford Writing Center.
Carefully review
the Grading Rubric for
the criteria that will be used to evaluate your assignment.