Case Study Of Acme Fireworks

20) With regard to consideration in a sales contract, the UCC differs from the common law in that

The Triangle Factory Fire took place in New York on Saturday, March 25, 1911. The fire was marked as the worst in history of the state of New York. Men, women, and children of all ages were there but unfortunately there were more women/girls than men/boys. There were many people to not find a way out of the building but some decided to jump out of the windows for a way of escaping the fire. Majority of those who escaped by the window lost their lives. The employers had no clue of this ever happening as well as the fire department who did not have enough man power or equipment for this massive degree. Although majority of the workers died, there were some who lived to share their stories.

Yes Article 2 of the UCC does apply to the contracts between Grocery and their

Change occurs all the time in organizations, it is the one thing that is always consistent. In order for an organization to stay relevant they must re-invent themselves in order to continue to satisfy their customers’ needs. My goal in this paper is to share about an organization called Acme Fireworks and to determine if the laws that these businesses will be governed by, analyze the contracts, apply the five essentials elements of an enforceable contract, explain the potential liability if a spectator is injured, discuss the different employment types relevant to this company, and explain why they should not operate as a sole proprietorship.

The Uniform Commercial Code (UCC or sometimes referred to simply as the Code) is a statute published by the National Conference of Commissioners of Uniform State Laws (NCCUSL), (Melvin, 2011). This statute is adopted by every state in the U.S., except for the state of Louisiana. The function of the UCC is to promote commercial efficiency through providing standardized policies and procedures that consumers and merchants can depend on. Common Law contracts governs transactions with real estate, services, insurance, intangible assets and employment (The Asset Protection Attorneys, 2015). Common Law is primarily concerned with the sale of merchandise and securities.

Every 4th of July, many people go out at night and spend hours watching firework shows. Most of us are content to simply enjoy the pretty colors and sparks, without questioning the chemistry behind the spectacle, but have you ever really thought about how fireworks produce such vibrant colors? The colors emitted when a firework explodes come from an aerial shell inside the firework that contains explosive chemicals and metallic salts. These colors appear to us because of luminescence. Luminescence occurs as a result of the valence electrons in the metal salt atoms moving and changing positions. The explosion of fireworks is not a miracle; it’s simply chemistry at work.

There is much to consider when expanding a business. How will you make, market, and distribute your product. Are you willing to take full liability for your product and understanding the legalities of what happens if your product is defective? Once that has been established, it’s important to make sure that your business dealings are in order. The strength of the contract and what all it entails. Knowing that the legal document is important more so when things tend to go downhill. Above all is deciding which type of business entity the company will select especially if the company starts out small and looks to

UCC regulates commercial transactions between merchants, individuals, and across state lines (except Louisiana, where common law prevails). The intent of UCC was to simplify the law, clarify it, modernize, as well as codify uniformity for commercial transactions. The formation of a contract by the UCC is intended to protect the seller and/or the buyer (neutral in nature) as well as vice-versa. The FAR is however different in nature as it is intended to protect the taxpayer (government). Having a first-hand experience with the UCC (post-PROC 5280), I had purchased a new canopy for our recreational vehicle when driving down the road the canopy come flying off causing minor damage to the vehicle. As the buyer, I immediately contacted the store and then brought the vehicle into the store. The manager told me he could not be responsible for the damage or the repair after the vehicle left the lot. I asked the manager to look up UCC § 2-314 implied warranty at which time he said, he was not aware of this policy and would contact the general manager. The company completed all the repairs of the vehicle at their expense.

Per your request, we have assembled a report with a legal and statistical evaluation of the problems facing Acme. If you have any questions, feel free to contact us at any time.

Various liabilities can arise while manufacturing and selling fireworks. Potential personal liabilities can also arise if a customer is injured while using the fireworks and can often be devastating to the owner of a business, especially if the owner is not protected by an appropriate business structure/entity (Rogers, 2012). Hence, in order to expand the business, one of the best precautions would be to change the business from a sole proprietorship to a Limited Liability Company (LLC) (Miller, 2015). Moreover, while transitioning into a larger business, the company would have to hire additional employees or independent contractors so as to keep up with an increase in demand for the products, which leads to the necessity of having a valid contract in place to ensure that every transaction and business dealing is carried out legally (Miller, 2015). Hence, the purpose of this paper will be to provide advice to Acme Fireworks’ owner as the manager on different issues ranging from common law and UCC requirements of business contracts, the essential elements of a contract, personal potential liability in case of injury, the different types of employment and the most appropriate business structure for the company.

The Uniform Commercial Code is a set of legal rules that was developed to bring about a sense of consistency to the commercial industry. It is merely a blueprint of how the developers interpret the way of doing business that would be fair and just to all parties concerned. It was totally up to the individual states if they would enact the UCC as written or construct modifications they felt were necessary to circumstances within that state. Once the codes were adopted by an individual state, they became the legal authority that still governs the way many business transactions are handled today.

I would say that the contract with the business will be Uniform Commercial Code (UCC) because I see this as more of a business deal and transaction between the one company to another. There will be contracts and deals between them and money exchange of sale for manufactured goods and not a common good so this would be considered an enforceable contract. Now that the existence of an enforceable contract has been established for this transaction the determination of the proper

Acme Fireworks is a reputable fire work company that falls under the form of retailer. In order to gain consumers and sell their products they must put out ground display’s of their fireworks as well as a variety of aerial fireworks, especially their larger products. This company started out as a small family owned business in the back of a man’s garage and as he grew and drew in more consumers he is now a managing fifteen employees that help him operate his business. The company has been a sole proprietorship and the owner has never changed his entity, meaning no partnerships or shareholders. The owner has received numerous inquiries from surrounding businesses if his company would be able to create more personalized fireworks for them on a more regular basis.

Explain why Acme Fireworks should not operate as a sole proprietorship. Recommend a new business entity, and provide rationale to support your recommendation.

Also, in the most Europe, similar regulations were in place for safety considerations, only the requirements were regarded as less stringent. In Canada, regulations were extremely restrictive. However, over the past decade Chinese fireworks companies had made great strides in the Canadian market.