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.)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.
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You are the manager of Acme Fireworks, a fireworks retailer who se.docx
1. 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
2. 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.)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 as outlined in the Ashford Writing
Center (Links to an external site.)Links to an external site..
Carefully review the Grading Rubric (Links to an external
site.)Links to an external site. for the criteria that will be used
to evaluate your activity.
Here is your final examination. Please make sure you follow all
3. the instructions given on the exam before you post your
completed examination. Note that this examination is due by the
end of the week (midnight Sunday, March 10, 2019).
Final Examination
GERO 302 6381 Health and Aging (2192)
Dr. Priyanthi Silva
VERY IMPORTANT INSTRUCTIONS REGARDING
UPLOADING THE COMPLETED FINAL EXAMINATION
1. Please do not provide answers on this exam itself and
upload it. Instead, create a separate document that contains all
your multiple-choice answers and short essay answers.
2. The format of the new document containing all your
answers should be similar to the following:
For multiple choice answers:
1. A
2. B
3. C
4. D
5. E
Then provide your short essay answers on the same document.
3. Please do not upload multiple documents that contain
answers to your examination questions.
4. If the instructions for uploading are not followed I will
return your examination without grading until you comply with
the instructions given.
SECTION I
MULTIPLE-CHOICE QUESTIONS – 20% of your grade
Answer All Questions
1. What are the Basic building blocks of population?
a. Fertility
b. Mortality
c. Migration
4. d. A and b
e. All of the above
2. The United States exceeds countries of Western Europe and
Japan in Oldest Old survival (above age 80)
a. True
b. False
3. What has happened to the average and maximum life span
over the last century?
a. Increased average, increased maximum
b. Increased average, decreased maximum
c. Increased average, unchanged maximum
d. Decreased average, increased maximum
e. Decreased average, decreased maximum
4. Women Have a Higher Prevalence of Disability than men
a. This statement is true
b. This statement is false
c. Both men and women have similar rates of disability
5. The rate of late life disability has been decreasing in the
United States since the 1980s.
a. True
b. False
6. The Federal government completely funds both Medicare and
Medicaid.
a. True
b. False
7. Social support is important for everyone and as people age it
is even more important than at younger ages. What are the
functions of social support?
a. Aid (instrumental help)
b. Affect (emotional support)
c. Affirmation (acknowledgment of one’s values or agreement
with one’s attitudes).
d. a and b
e. a,b, and c
5. 8. During the twentieth century what factors have contributed to
an increase in average life expectancy in the US?
a. Decline in cardiovascular disease
b. Effective public health strategies
c. Advances in medical treatment
d. Improvements in the economy
e. All of the above
9. Alzheimer’s Disease (AD) is the most common cause of
dementia among people age 65 and older.
a. True
b. False
10. Dementia is a normal part of aging.
a. True
b. False
PART 2 – SHORT ANSWERS – 30% of your grade
Make sure that each answer is at least 5 sentences long
1. The Maximum life span that is the longest number of years a
human being has lived—has increased. Will this continue? Give
at least 3or 4 sentences in your answer.
2. What is an Adverse drug reaction? List 5 reasons for adverse
drug reactions among the elderly.
3. Give 5 signs that a person is experiencing depression.
4. Identify six risk factors for disability.
5. What types of social support are available to seniors?
Identify two types of social support and identify what types of
support are provided.
PART 3 – ESSAY ANSWERS – 50% of your grade
Each answer is worth 10 points. Make sure you give substantial
answers. Two or three sentence responses are not enough.
1. List 5 conditions/illnesses experienced by individuals as they
6. age and describe 3 of those conditions in detail.
2. Describe in your own words what Medicare and Medicaid are.
Identify 3 similarities and 3 differences between Medicare and
Medicaid.
3. Why is nutrition and exercise important as people age?
4. “Social support is important for both mental and physical
well-being. Those who have a strong social support system
often enjoy greater longevity and better health.”
a. Do you agree or disagree with this statement?
b. Defend your opinion. I need a good discussion.
5. Write a paragraph about the aging of the US population. You
need to discuss at least 6 facts.
Running head: ACME FIREWORKS, FROM A SOLE
PROPRIETORSHIP 1
ACME FIREWORKS, FROM A SOLE PROPRIETORSHIP
7
Acme Fireworks, From a Sole Proprietorship to an LLC
(Outline)Enrique LunaBUS 311 Business Law IInstructor:
7. Professor Peter McCannAugust 31, 2015
Acme Fireworks, From a Sole Proprietorship to an LLC
(Outline)
I. Introduction
Entrepreneurs need to conduct thorough research in preparation
for what could be a potentially successful business adventure
for them. One such organization that has been successful and is
on the verge of becoming even more successful is Acme
Fireworks. This is a business that sells fireworks, is involved in
putting on ground firework shows as well as large aerial
firework shows. Acme evolved from the proprietor’s garage and
has been in business for two years and currently employs 15
employees. Recently, there have been potential opportunities for
the business to grow.
a. Thesis Statement
Acme Fireworks will continue to grow and in order to do so the
business will need to research the best options that are available
and should be considered, such as, what laws regulate contracts,
how are contracts formed, what are the potential personal
liabilities, how to employ personnel and their relationship to the
principal, and finally what will the new business entity be.
II. Body paragraph #1 – Topic Sentence #1
While common law stresses the creation of rules based on court
rulings, the Uniform Commercial Code (UCC) are exceptions to
the common law.
a. Supporting Evidence
According to Judge Aldisert (as cited by Kozel, 2014),
“common-law tradition requires starting with a narrow holding
and, then…either applying it or not applying it to subsequent
facts” (p. 190).
“The adoption of the U.C.C. provided a major leap forward for
good faith in American contract law. The U.C.C. itself provides
that “every contract or duty within the code, imposes an
obligation of good faith in its performance or enforcement”
(MacMahon, 2015, p. 2060).
8. b. Explanation
Courts have the ability to determine their rulings based on
common law that can be adjusted to recent times, the current
environment, and advancements in technology. Should the
courts deem it necessary, the UCC is more specific to contract
law?
c. So What?
While the courts may find it too easy to make judgement solely
on common law, the court must take into consideration the
guidance set by the UCC in reference to contracts.
III. Body paragraph #2 – Topic Sentence #2
A contract is composed of five essential elements.
a. Supporting Evidence
The offer is “the manifestation of willingness to enter into a
bargain, so made as to justify another person in understanding
that his assent to that bargain is invited and will conclude it”
(Ricks, 2013, p. 625),
b. Explanation
The five essential elements of a contract include the offer,
acceptance, consideration, legality and capacity.
c. So What?
Although contracts are what keep businesses going and goods
flowing, it is important to understand then the contract is agreed
on.
IV. Body paragraph #3 – Topic Sentence #3
Businesses run the risk of encountering potential personal
liability through negligence or strict liability.
a. Supporting Evidence
“Recently, a fireworks malfunction injured two spectators at the
home stadium of the Hudson Valley Renegades, a minor league
baseball team in New York” (Epstein, 2011, p. 122)
b. Explanation
According to Rogers (2012), “the law states that everyone has
the duty to act with reasonable care to avoid creating undue risk
of harm to others” (section 2.4).
9. c. So What?
Fireworks present an ultrahazardous activity and involve a great
deal of risk that may not be preventable by being reasonably
carful. Because they are not a common thing, it is necessary to
take extra precautionary measures to insure the safety of the
public.
V. Body paragraph #4 – Topic Sentence #4
Acme fireworks is composed of legal relationships between its
employees and independent contractors.
a. Supporting Evidence
“The rules of agency law come from the common law, and
potentially apply to any situation where one person is acting for
another” (Rogers, 2012, p. 244).
b. Explanation
The agent is the employee who represents the principal or the
employer. Each has the duty to be loyal to one another in order
and trust each other.
c. So What?
Principals are pretty much liable for the torts of its agents when
these torts are committed while carrying out his or her assigned
duties.
VI. Body paragraph #5 – Topic Sentence #5
Acme Fireworks came into business as a “sole proprietorship”
and because of the possible future growth and expansion, it is in
its best interest to become an LLC.
a. Supporting Evidence
According to Rogers (2012), having LLC status permits a
simple formation that is accompanied with lower filling dues,
members of this organization are taxed on their earnings, the
firmness of a corporation and liability is limited to the business
and not the owners.
b. Explanation
The owners of Acme Fireworks must be wise in choosing the
organizational form in which they want to pursue. The owners
should really consider an LLC as it brings limited liability.
c. So What?
10. Being a sole proprietorship can have its advantages in the early
stages of a business. As the firm grows and expands it will also
grow in agents, torts, liability claims, and much more. Choosing
the correct organizational structure can help alleviate the stress
associated with the growing pains.
VII. Conclusion
a. Rephrased thesis statement
Acme Fireworks is growing and the owners need to determine
the best course of action to take while considering the
regulating laws, contracts, the potential personal liabilities, its
relations with its agents, and what its new organizational
structure will be in the future. A proper analysis of where the
business is today and where it wants to be tomorrow will most
likely guarantee a successful journey for years to come.
References
Epstein, A. (2011). Teaching torts with sports. Journal of Legal
Studies Education, 28(1), 117. doi:10.1111/j.1744-
1722.2010.01086.x
Kozel, R. J. (2014). The scope of precedent. Michigan Law
Review, 113(2), 179-230.
MacMahon, P. (2015). Good faith and fair dealing as an
underenforced legal norm. Minnesota Law Review, 99(6), 2051-
2112.
11. Neild, D. (2013). Vicarious liability and the employment
rationale. Victoria University of Wellington Law Review, (3-4),
707.
Ricks, V. (2013). Assent is not an element of contract
formation. Kansas Law Review, 61(3), 591-556.
Rogers, S. (2012). Essentials of Business Law. San Diego, CA:
Bridgepoint Education, Inc.