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These inquiries will definitely make business grow and it will become very important to change business entity and its mode of operation. These inquiries from large retailers will force acme fireworks to expand its operations. More employees must therefore be hired in order to accommodate this expansion. I very well understand the owner concern of personal liability in case of funds shortages. The first thing as a manager that I will do is to in determination of the entity that will best suit the company’s needs is to analyze all the risks and liabilities linked with cost of producing and selling fireworks. This type of entity will provide the control of a sole proprietorship while placing liability on the business rather than the individual. Fireworks have the potential to be dangerous, causing serious damage to both people and property. The potential for liability associated with the

As the manager of this entity I have many responsibilities regarding the day to day running of the business within the entity. There will be increased responsibility that will come with increased operations in terms of directing workers on what needs to be done. As it currently stand the business needs increased number of employees and because there is future uncertainty the company should put itself in a position that will allow them to terminate the contract of some of the workers when their services are no longer be needed or when they are no longer beneficial to the company. With regard to the current position the owner will be giving through me the manager, directives on whether the business should change its entity and mode of operations. Given the nature of its operations and due to the fact that what the business does is dangerous to the users due to the production of explosives, several legal considerations have to be looked at. But Due to high demands of the product it makes it something good for the owner.

Fireworks pose a lot of risk to customer use and the increased operations comes with increased risks. Example fireworks produce a lot of flames that can cause major damages to the employee using them if not properly used; Fireworks have always been dangerous and have caused, and continue to cause, serious and tragic accidents. it also causes a lot of noise hence causing major disturbance to other people. Despite this the business will have to change its entity to a limited partnership in order to limit its liability. Regardless of this risk the owner will have to make deal with retailers in order to make exceptionally large profit. Because more employees will have to be employed the current contracts in existence will have to be looked at. As always whenever an owner is recruiting it must several types of contracts that will have to be looked at. Acme fireworks in this regard will have to consider commission based and casual work for uncertainty reasons. The advantage of the two is that workers will be called when their services are needed or they will have to only work on a commission basis. Acme fireworks owner will therefore have to consider limited partnership so that he becomes general partner and whoever he will partner with will become limited partners. With this the company will get a lot of capital to expand the business.

Having made determination to change business entity and deciding that the best form of entity to embrace was limited partnership, the owner should ensure that all resources are mobilized towards executing this decision. Before this decision was reached analysis was first made to look at the entity that will meet their advancing needs.

Almost everybody in the country have had some experience with fireworks either during time from Fourth of July or during New Years Eve celebrations.

There is unlimited number of liabilities that fireworks can cause, with both minor and major injuries caused. In the course of fireworks explosion, many burning embers will be send through that can set buildings and nature on fires. If fireworks fall in the hands of careless individual it can cause major damages. Simple precautions can help avoid these accidents and not all carelessness can cause fireworks damages. Fireworks should solely be used for purpose designed for and not be used for other purposes that can lead to unwarranted accidents. However, even if all precautions are followed and procedures followed to the later a poorly designed firework can still cause damage. In the age of numerous legal battles whereby everyone is suing somebody else, the company must ask the question on where product liability ends and consumer satisfaction met.

The owner will have legitimate concerns with regard to potential personal liabilities for example damages caused to consumers caused by fireworks, given that the entity is a sole proprietor. In different injury lawsuits related to fireworks, individuals and companies involved are often named.

The contract with this business will have to be governed by common law because, the common law system stresses on making of the rules through the decisions by the courts of the land. Common law is good because it is based on cases previously determined hence the already determined cases become part of the body of laws. These precedents are used in later, similar cases.

Acme Fireworks Business Organization 3 For the Acme Fireworks Company, the ‘good’ in question is the large display the company would be creating and performing, not the movable fireworks themselves which would be governed by the UCC. Even though the fireworks themselves are movable, they are not being sold independently. The customers are purchasing the setup, display and performance or show. Once a display is underway, it is no longer a movable object, thus placing it firmly under the governance of common law. Service contracts are typically governed by common law, even though they include goods, but they also involve services. “Courts label such mixed goods/services contracts as “hybrid” contracts. “Courts have strictly adhered to the common law separation of goods and services and have assumed that since hybrid contracts involve an element of service, the UCC is not directly applicable.

Therefore the contract with the business for ongoing performance would fall under common law. This law was borrowed from England and it emphasize on coming up with rules based on predetermined cases. Common law over years evolved into UCC but then deals only on transactions on which goods were movable. The aim of UCC was to unify laws in the state into single code that al state will borrow in order to ease interstate trade.

Acme will make a request for a proposal then interested entities will make an offer to enter into partnership with acme. The offer will either be rejected of accepted by acme. With this acme will have to accept best offer by entity of choice either by promise or an act. These acceptances by acme must mirror the offer. In case of counteroffer, which is basically changing the terms of the offer serious consideration should be taken. Consideration is another element of a contract that should be considered seriously when entering into a contract. The legal benefit to anyone that suffer a damage should be in monetary terms It may be a promise, an act or monetary. Acme has a capacity to contract and it must also verify that whoever it is entering into a contract with ought to have the same legal capacity. Courts have held 3 classes of persons lack capacity to be bound by contractual promises – minors, intoxicated persons and mentally incompetent persons. This purpose for entering contract into is a lawful purpose.

There are several personal liabilities to acme fireworks caused by fireworks. Victims of fireworks accidents will also seek for compensation for the injuries, whether a spectator at a fireworks show gone wrong or firework being faulty. Depending on the circumstances of the firework injury, a number of legal theories will apply against the company. The injured spectator could bring some legal proceedings against acme fireworks so as to hold the company liable through negligence. Though there are many entities that could be held accountable for causing injury i.e. cities that hire fireworks or whoever organized the show, acme fireworks will likely bear the greatest responsibility and heavier burden in terms of compensation. Even though a fireworks company may be limited by state law, acme fireworks still have a duty to protect bystanders from injuries. Acme fireworks fail in fulfilling its obligation and open themselves up to liability by allowing the use of faulty fireworks or by failing to obtain the proper permits.

Most victims who suffer from fireworks related injury often seek for compensation for damage from the manufacturer, or the local retail seller. Because acme have a duty to sell products that function properly, it will most likely become liable for any injuries caused by a defective firework Even individuals who misuse fireworks may still be able to recover damages for their injuries if they can prove that a defect, rather than their negligent conduct, caused the injury.

Due to uncertainty employees should be employed on casual basis. This is because casual workers will only be on standby to do work as required without fixed hours or attendance arrangements. However, these workers are employees, for employment rights purposes. Little legislation will apply on these arrangements like the right to receive a pay slip.

The agency relationship will exist between the principle which is acme and the agent that is partner. There will be a written contract between the employees of acme and the company, and given that there can be no unwitting agent for another, the company can hire service from another entity. A written contract is common, but not necessarily essential when it is clear that both parties intend to act in their respective principal and agent roles. The intent of the parties can be inferred from their words or implied by their actions.

There will be a special type of relationship between employer and employee, normally referred to as master-servant relationship. The key element that will differentiate employees of acme from others is that acme the principle will not have right to control the physical conduct or manner and means of agents work making it a non-employee agent.

Conclusion

Acme fireworks is a trusted entity that provides fireworks services, and due to current demand in the market the business will have to change the business entity in order to meet the current demand in the market at the same time operating with efficiency. More employees must therefore be hired in order to accommodate this expansion. I very well understand the owner concern of personal liability in case of funds shortages. The first thing as a manager that I will do is to in determination of the entity that will best suit the company’s needs is to analyze all the risks and liabilities linked with cost of producing and selling fireworks. Given the nature of its operations and due to the fact that what the business does is dangerous to the users due to the production of explosives, several legal considerations have to be looked at. But Due to high demands of the product it makes it something good for the owner. Having made determination to change business entity and deciding that the best form of entity to embrace was limited partnership, the owner should ensure that all resources are mobilized towards executing this decision. Before this decision was reached analysis was first made to look at the entity that will meet their advancing needs.