Business – Acme Fireworks

 

Y​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​ou 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 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 appl​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​y 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.

 

Sample Solution

ily be tracked by monitoring the global sea level heights together with the seafloor morphology and glacial ice mensuration. This is due to the fact that sooner or later the glacial meltwater will end up in the oceans and due to the sped-up melting treated in 3.3 and 3.4, the rate will increase drastically in the future. It is also useful to create models of inundation, coastal erosion and potential storm damage in order to thwart these catastrophes since they are a predictable consequence of sea-level rise (National Research Council 2010, Chuvieco 2008). 3.6 Accumulating natural disasters The last point is the accumulation of extreme events. The USA experiences more and more record high temperatures every year, congruously the record low temperatures occur fewer than ever. However extreme events also include heat waves, droughts, floods, cyclones, and wildfires. Changes in the earth’s system diversity also follow as a response to weather and climate extremes. Species that prove unable to adapt to the new circumstances will ultimately disappear or have to surrender to more successfully adapted species. An increased number of strong blusters with mounting intensity is also an indicator for these extreme events, just like frequent insect infestations. Insects are the profiteers of global changes in wind patterns and/or sea level rise, as they can be transported great distances into regions usually not inhabited by them (Dukes 2009). Global changes can also cause epidemic diseases dangerous for humans, as wind and sea can transport disease vectors communicated by insects. Diseases are especially dangerous; As a side effect they result in the attenuation of a population’s resilience and ability to counteract or even respond to climate as well as other stressors. The consequences of such extremes range from the disruption of food production and water supply to increased rates of morbidity and mortality and consequences for the physical and psychological health of human beings (IPCC 2014). There are quite a few ways to survey climatic extremes, as these can be very diverse. In order to monitor severe storms, it is possible to track the annual storm number together with maximum wind speed, geographic storm tracks, precipitation and flash floods. With regard to insect infestations and whether they were dislocated, taking the number of insect infestations, the insect type, the land cover of the infestations, the crop impacts and the historic recurrence into account is helpful. Human diseases can be evaluated by the number and type of epidemics and the impacts they had concerning the fatalities or in general the number hospitalised, the historic recurrence and the geographically affected

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