Elements of Enforceable Contract

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 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 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. The paper Must be 8 to 10 double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center  (Links to an external site.) . Must include a separate title page with the following: Title of paper Student’s name Course name and number Instructor’s name Date submitted Must begin with an introductory paragraph that has a succinct thesis statement. 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. Must end with a conclusion that reaffirms your thesis. Must include at least five scholarly sources, two of which must be from the Ashford University Library, in addition to the course text. Must document all sources in APA style as outlined in the Ashford Writing Center. Must include a separate references page that is formatted according to APA style Description: Total Possible Score: 28.00 Organization: Introduction, Thesis Statement and Conclusion Total: 1.50 Distinguished – The paper is logically organized with a well-written introduction, thesis statement, and conclusion. Proficient – The paper is logically organized with an introduction, thesis statement, and conclusion. One of these requires improvement. Basic – The paper is organized with an introduction, thesis statement, and conclusion. One or more of the introduction, thesis statement, and/or conclusion require improvement. Below Expectations – The paper is loosely organized with an introduction, thesis statement, and conclusion. The introduction, thesis statement, and/or conclusion require much improvement. Non-Performance -= The introduction, thesis statement, and conclusion are either nonexistent or lack the components described in the assignment instructions. Determines if the Contracts With the Businesses Will Be Governed by Common Law or the Uniform Commercial Code (UCC) and Explains Why Total: 3.00 Distinguished – Accurately determines if the contract with the businesses will be governed by common law or the UCC and comprehensively explains why. Proficient – Accurately determines if the contract with the businesses will be governed by common law or the UCC and explains why. The explanation is slightly underdeveloped. Basic – Determines if the contract with the businesses will be governed by common law or the UCC and explains why. The determination is inaccurate and/or the explanation is underdeveloped. Below Expectations – Attempts to determine if the contract with the businesses will be governed by common law or the UCC and explain why; however, the determination is inaccurate and/or the explanation is significantly underdeveloped. Non-Performance – The determination of whether the contracts will be governed by common law or the UCC is either nonexistent or lacks the components described in the assignment instructions. Analyzes Whether the Owner Formed a Contract With the Businesses and Applies the Five Essential Elements of an Enforceable Contract Total: 4.00 Distinguished – Thoroughly analyzes whether or not the owner formed a contract with the businesses and effectively applies all five essential elements of an enforceable contract. Proficient – Analyzes whether or not the owner formed a contract with the businesses and applies all five essential elements of an enforceable contract. The analysis is slightly underdeveloped. Basic – Partially analyzes whether or not the owner formed a contract with the businesses and applies all five essential elements of an enforceable contract. The analysis is underdeveloped. Below Expectations – Attempts to analyze whether or not the owner formed a contract with the businesses; however, does not apply all five essential elements of an enforceable contract and/or the analysis is significantly underdeveloped. Non-Performance – The analysis of whether or not the owner formed a contract with the businesses and application of the five essential elements of a contract are either nonexistent or lack the components described in the assignment instructions. Explains the Potential Personal Liability to Acme Fireworks if a Spectator Is Injured by a Stray Firework From a Fireworks Display Total: 4.00 Distinguished – Completely explains the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a thorough and accurate understanding of course concepts. Proficient – Explains the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a sufficient understanding of course concepts. Minor details are missing or are inaccurate.  Basic – Minimally explains the personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a rudimentary understanding of course concepts. Relevant details are missing and/or inaccurate. Below Expectations – Attempts to offer an explanation of potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, but does not demonstrate an understanding of the course concepts and significant details are missing and/or inaccurate.  Non-Performance – The explanation of potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display is either nonexistent or lacks the components described in the assignment instructions. Discusses the Different Employment Types and Relationships Relevant to Agency Law and Analyzes the Advantages and Disadvantages of Each Type Specific to Acme Fireworks Total: 3.00 Distinguished – Thoroughly and accurately discusses different employment types and relationships relevant to agency law and comprehensively analyzes the advantages and disadvantages with regards to Acme Fireworks. Proficient – Discusses different employment types and relationships relevant to agency law and analyzes the advantages and disadvantages with regards to Acme Fireworks. Minor details are missing or inaccurate. Basic – Minimally discusses different employment types and relationships relevant to agency law and partially analyzes advantages and disadvantages with regards to Acme Fireworks. Relevant details are missing and/or inaccurate. Below Expectations – Attempts to discuss different employment types and relationships relevant to agency law and analyze advantages and disadvantages with regards to Acme Fireworks; however, significant details are missing and/or inaccurate.  Non-Performance – The discussion of different employment types and relationships relevant to agency law and analysis of the advantages and disadvantages with regards to Acme Fireworks are either nonexistent or lack the components described in the assignment instructions. Explains Why Acme Fireworks Should Not Operate as a Sole Proprietorship Total: 3.00 Distinguished – Thoroughly explains why Acme Fireworks should not operate as a sole proprietorship. Effectively uses scholarly sources to support the explanation. Proficient – Explains why Acme Fireworks should not operate as a sole proprietorship. Uses scholarly sources to support the explanation. Minor details are missing. Basic – Partially explains why Acme Fireworks should not operate as a sole proprietorship. Somewhat uses scholarly sources to support the explanation. Relevant details are missing.  Below Expectations – Attempts to explain why Acme Fireworks should not operate as a sole proprietorship; however, does not use scholarly sources to support the explanation and/or significant details are missing. Non-Performance – The explanation for why Acme Fireworks should not operate as a sole proprietorship is either nonexistent or lacks the components described in the assignment instructions. Recommends a New Business Entity and Provides Rationale to Support the Recommendation Total: 3.00 Distinguished – Offers a thorough recommendation of a new business entity and provides comprehensive rationale to support the recommendation.  Proficient – Offers a recommendation of a new business entity and provides rationale to support the recommendation. The recommendation or rationale is slightly underdeveloped. Basic – Offers a recommendation of a new business entity and provides rationale to support the recommendation. The recommendation and/or rationale are underdeveloped. Below Expectations – Attempts to offer a recommendation of a new business entity and provide rationale to support the recommendation; however, the recommendation and rationale are significantly underdeveloped. Non-Performance – The recommendation of a new business entity and rationale are either nonexistent or lack the components described in the assignment instructions. Critical Thinking: Explanation of Issues Total: 0.50 Distinguished – Clearly and comprehensively explains in detail the issue to be considered, delivering all relevant information necessary for a full understanding. Proficient – Clearly explains in detail the issue to be considered, delivering enough relevant information for an adequate understanding. Basic – Briefly recognizes the issue to be considered, delivering minimal information for a basic understanding. Below Expectations – Briefly recognizes the issue to be considered, but may not deliver additional information necessary for a basic understanding. Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions. Critical Thinking: Evidence Total: 0.50 Distinguished – Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewpoints of experts are scrutinized thoroughly. Proficient – Employs applicable information from credible sources to develop an analysis of the topic. Basic – Identifies applicable information from credible sources, but may neglect the application of such information toward the analysis of the topic. Below Expectations – Displays information from external sources, but such information may lack credibility and/or relevance. Neglects the application of such information toward the analysis of the topic. Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions. Reading: Relationship to Text Total: 0.50 Distinguished – Analyzes texts for scholarly significance and pertinence within and across various disciplines, assessing them according to their contributions and consequences. Proficient – Utilizes texts in the context of scholarship to expand a foundation of disciplinary knowledge and to raise and discover significant inquiries. Basic – Employs texts with the intent and expectation of increasing knowledge. Below Expectations – Approaches texts only within the context of assignment. Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: Control of Syntax and Mechanics Total: 2.00 Distinguished – Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors and is very easy to understand. Proficient – Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors and is mostly easy to understand. Basic – Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors which may slightly distract the reader. Below Expectations – Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors which distract the reader. Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: APA Formatting Total: 1.00 Distinguished – Accurately uses APA formatting consistently throughout the paper, title page, and reference page. Proficient – Exhibits APA formatting throughout the paper. However, layout contains a few minor errors. Basic – Exhibits limited knowledge of APA formatting throughout the paper. However, layout does not meet all APA requirements. Below Expectations – Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA. Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: Page Requirement Total: 1.00 Distinguished – The length of the paper is equivalent to the required number of correctly formatted pages. Proficient – The length of the paper is nearly equivalent to the required number of correctly formatted pages. Basic – The length of the paper is equivalent to at least three quarters of the required number of correctly formatted pages. Below Expectations – The length of the paper is equivalent to at least one half of the required number of correctly formatted pages. Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: Resource Requirement Total: 1.00 Distinguished – Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment. Proficient – Uses the required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment. Basic – Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly. Below Expectations – Uses an inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly. Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.