can u tell me what assignment this is for?

Here, I am introducing a start-up Company’s business requirement in order to expand the business. Acme Fireworks, a small group of fireworks retailers and want to expand its business; they received effective customers feedback but still Company is stuck with its financial operations as they don’t have fund to spend more on business where chances of risks couldn’t be ignore. Company’s owner thinking, if he will spend all the money in beginning and if Company business wouldn’t go smooth then they will lose its current fireworks business too. However, he want to expand and needed suggestions on; how to expand all the business practices by applying the business regulations, “Contracts and the Law”.

They thought, and decided to first hire employee to increase the production of current level in order to fulfill the supply of their customers but still, they are thinking; how to manage the fund for employees payment especially in case of failure; hire is a good idea but Company must have that much funds to initially show and pay employee regardless of benefits.

So, as a Company manager, it’s my responsibility to find out the solution for the Company in order to expand the business in fireworks area. Though, this is a start-up business so, it would be better to follow few laws which are applicable for start-up Companies and can take resolution through such laws capability, “Contracts and the Law.

There is a need of contractual law that can assist Company to work with minimal funding amount. There are two laws which could be applicable to the situation as; common law or the Uniform Commercial Code (UCC), “Common law contractual practices required to have a strict adherence to the mirror image rule and policies, while UCC allows for minor changes to a contract that don’t have any significant impact its terms.”, means UCC gives a liability to Company to make smaller changes in plan while common law doesn’t allow. Hence, it would be good for Company to choose UCC in order to allow the applicability of beginning the business.

Now, succinct thesis statement, for the problem is very clear as; ‘Uniform Commercial Code (UCC) influence on resolving this contract’.

Here, within this paper, we will explain about UCC laws applicability and benefits to begin the business practices of the Company where they want to hire few employees for increasing the production and supply for a business growth.

As briefly discussed about Common law Contracts and UCC, where both have their own rules and applicability in order to apply in any Company Contract. I proposed to choose, UCC because there will have few liability to Company to make few changes in future plan however, couldn’t ignore the fact that hired employee can also be able to take his own decision at any time regardless of Company’s need but it could be manage if Company make sure that they are not dependent on anyone’s work; if someone want to leave then can definitely go without having any issue; however managing a fund for strict regulations is very difficult that is same as exact requirement of Common contract law where a mirror image of rules work which are strict to apply on anybody and it require that Company should have sufficient fund while hiring and firing any employee; they would require to pay employee they if fire that’s the main issue of this Company; how they would manage that much fund; that’s why I ignored the facts and regulations of Common Contract laws and want to go ahead with UCC laws, “Overview of UCC Contracts and Common Law Contracts”.

The Uniform Commercial Code deals specifically with commercial contracts, so will assist Company while hiring any employee whom could be on temporary basis with less conditions which could be change later on as per requirements of both parties especially in favor of Company.

Here in UCC, a set of laws that governs transactions between states as well as in business transactions. This contract law was designed to create a uniform set of standards that regulate fairness and flexibility in commercial transactions. The Uniform Commercial Code is a comprehensive set of nine articles/laws and rules which we will discuss below in next section. Here, I can say, these laws will be applicable to minimize the chances of risk and lower the costing while hiring employees and work with them, Stewart Macaulay; Jean Braucher; John A. Kidwell; William Whitford (2010).

For our purposes of employees hiring and cost saving, we will look into the UCC rules which are mention in Article 2 and define that businesses would be more elastic compare to mirror image rule of Common Contract, because it allow flexibility while making contract formation and easier to facilitate, Stewart Macaulay; Jean Braucher; John A. Kidwell; William Whitford (2010).

The offering of UCC is different because of its acceptance and consideration work which are managed differently. The terms of offer, acceptance and consideration; include amongst several elements; which doesn’t have written specification and communicated orally. However, there is a faith, if everything will be in favor of Company then Company will definitely pay; Acme Fireworks will also commit to pay if they will get attractive benefits through its business growth even Company may offer its share to employees but employment conditions are not strict to fulfill without having any benefit. Company has to include below Article-2 rules, Mark E. Roszkowski (2001);

Company will ensure to employees for any potential liability means in case, any employees injured during the operations then Company will definitely help to recover employees injury but such conditions applicable only if Company’s terms are matching to fulfill the liability means if employee does anything intentional or his own fault then Company wouldn’t be liable to pay anything however; may provide some aid but at this points, can’t commit that they will definitely provide; it depends upon the financial situation of the Company. If Company would be at a good position and able to assist then will do as per its norms otherwise wouldn’t, Mark E. Roszkowski (2001).

Company will assure to provide a safe and secure environment for employees to work here within the Company and chance would be less for any injury during the firework; also there will be monitoring system which will take the status of every situation and will alert in case of any issue found.

Agency law plays an important role for managing the relationship between two parties. There will be an agent whom works as an interface between two parties and deals with both.

Agent will be authorized person whom can act on behalf of another and can create legal relations with a third party. Here, in this case, agent will play its role between Acme Fireworks and contractual employees whom hired in Company. He will be liable to manage employees, from their beginning to end, he has to effectively manage the relationship between Company and employee. So that, Company can expect a desired work from employee, Eric Rasmusen (2001).

As mentioned in Section-182, “Section 182, “An agent is a person employed to do any act for another or to represent another in dealing with third persons. The person for whom such act is done or who is so represented, is called the principal”

There are few employment types and relationship that should be manage by Agent as follows, Eric Rasmusen (2001);

· To follow principal’s directions i.e. an agent should act within the scope of the authority conferred that on him means he should manage every manage employment of every employee and should ensure their benefits.

· He has to follow the customs in the absence of instructions means he has to give beliefs to employee that Company will do good then definitely will provide more benefits.

· He has to conduct reasonable care skills and diligences in favor of Company

· He has to keep and render accounts to principal when demanded.

· He don’t make any secret profits in order to maintain the strong relationship between us and employee.

Elements of Employment Types and Relationships of Contract:

Agency law terms is beneficial in terms of contractual hiring while costing of this contractual system will he high that need to pay by Company.

After this application of employment hiring and work, I would recommend Company to look into other hopes means if they are able to run this business through contractual hiring then try to prepare a back-up option and ready with new plans in order to continuously grow-up in business.

However, first, they should complete this task and when feel, there is a chance to take small risks for large benefits then will definitely take risks like’ to hire employees on permanent basis on Company’s payroll in order to save contractual fee, can apply Common Contracts Law with strict provision to follow, try to add more clients, improve the way of working, increase the customers stratification level through improved quality of fireworks services and products, cost benefits mechanism for clients, etc.

These applicable tactics can assist Company to increase its level of growth and also, there will be option to choose many instead of one single mandatory option.

Finally, we have managed the Company’s initial issues of hiring more employees with less risks of costing through considerable UCC laws recommendation and agency laws relationship management. Now, Company can expect to grow in fireworks with minimal possible risks and can easily expand its business but they have to make sure to provide satisfied quality then can expect more opportunity even can hire permanent employees under strict applicability of Common Contract Law. Therefore, if Company execute this plan and laws applicability correctly then can expect a desired future growth with considerable resultant factors in fireworks business.