Uniform Commercial Law Case Study

Improved Essays
Acme is a Fireworks retailer who sells fireworks and also performs firework shows and airborne displays. The company started as a Sole Proprietorship and started out of the owner’s garage two years ago and now has increased the personnel to 15. Acme Fireworks has received requests from large companies. The companies are vendors that want to place large frequent orders of firework shows. Firework shows can be dangerous and it is a hazardous job. The company can be liable if something happens and someone gets hurt. There are considerations to put into place as Acme changes their entity from sole proprietorship to a limited liability company, first an evaluation is necessary to ensure there is a contract and if it meets the Uniform Commercial law (UCC) criteria or common law, hires the type of employment needed and solutions to make sure the increased workload is …show more content…
According to the text, an enforceable contract consists of five elements, the offer, acceptance, consideration, legality and capacity (Rodgers, 2012). The section of the paper will explain the five elements with researched material considering the situation and coming to a conclusion if the company actually has a formed contract.
Uniform Commercial Law and Common Law The Uniform Commercial law (UCC) is dealing with securities and the sales of goods in commercial transactions that are movable (Daskal, Melvin, 2008). The common law of contracts implies contracts of services such as employment, real estate, intangible assets and insurance (Daskal, Melvin, 2008). This section will compare the Uniform Commercial Code with the common law. The research will come to a conclusion if the contract should be governed by the common law or the UCC. There will be an explanation of why the particular law was chosen.
Sole Proprietorship and Limited Liability

Related Documents

  • Great Essays

    The court decided the contract was a sale of services and was enforceable because the agreement consisted of a…

    • 1318 Words
    • 5 Pages
    Great Essays
  • Great Essays

    Australian Consumer Law-An overview, unfair contracts, consumer guarantees and remedies, In Au tralian Consumer Law, (pp.…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Nt1310 Unit 9 Study Guide

    • 432 Words
    • 2 Pages

    2. What are the elements required to form a contract?  Offer and acceptance: • Offer must be specific, complete, capable of acceptance and made with the intention of being bound by acceptance. • An acceptance is a final and unqualified expression of assent to an offer that is made in response to an offer and corresponds with the terms of the offer exactly with no variation of the terms.…

    • 432 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Programs will meet/exceed the province’s nutrition standards by providing high‐quality food to students in as cost‐effective a manner as possible. The school will profit 14% from all smoothie sales and pay Bee’z Smootheez the remaining 86%. Bee’z Smootheez can be payed via cash or cheque. Cheques should be made to the order of “Bee’z Smootheez.” Bee’z Smootheez will be payed upon collecting order forms.…

    • 427 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Petrograd Case Summary

    • 1166 Words
    • 5 Pages

    Sigma Consultants, the Delaware Superior Court held that the UCC does not apply because “[t]he service element of the transaction so dominates the subject matter . . . that, even though a tangible end product seemingly within the definition of ‘goods’ was produced, the contract is more readily characterized as one for services.” Wharton Mgmt. Grp. v. Sigma Consultants, No. C.A. 89C-JA-165, 1990 WL 18360 (Del. Super.…

    • 1166 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Business Law Scenarios

    • 637 Words
    • 3 Pages

    On Saturday, 12/30/2017, at approximately 1024 hours I was dispatched as a cover unit for Officer Hyink, on the report of a husband who pushed their wife. I arrived on scene at approximately 1027 hours and saw the husband later identified as Confidential Victim #1, outside the garage and the wife, identified as Suspect Prywes, standing inside the garage. I approached Prywes and asked her what happened. She told me she was pushed and hit the concrete hard on her back. I asked her if she would like to have paramedics come and take a look at her and she started to become extremely upset and began insisting that no medics be called.…

    • 637 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Facts: Louisiana legislature gave a monopoly of livestock landing and the slaughterhouse business due to a surplus of cattle in Texas. The law required that the Crescent City Live-Stock Landing and Slaughter-House Company allow any person to slaughter animals in the slaughterhouse for a fixed fee. Butchers sought out a suit to challenge the monopoly, stating that the state law violated their right to practice their trade. Procedural History: Privileges or Immunities Clause of the Fourteenth Amendment declares: “No State shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States [p. 524]”. Issues: Does the privileges and immunities clause found in the Bill of Rights Fourteenth Amendment…

    • 287 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Company should abide by all written agreements and verbal representations. 6. Company should be able…

    • 124 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    According to the section 3 of Australian Consumer Law (ACL) the term ‘consumer’ is referred as follows: A person is taken to have acquired particular goods as a consumer if, and only if: (a) The goods were of a kind ordinarily acquired for personal, domestic or household use or consumption; or (b) The goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. In the case Colette who is an owner of competing bakery complained of misleading customers with the advertisement of Ming’s shop.…

    • 327 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    In fact, a sales contract may be made in any manner sufficient to show that the parties intended to be bound, even though essential terms such as price, quantity, place and time for delivery, and terms of payment are missing. These missing terms can be added later by the parties or supplied under other provisions of the Code. To offset these relaxed rules, however, the Code does insist that the parties perform in good faith (honestly) and that the dominant party deals fairly with the other party to the sales transaction. The UCC defines a sale as a contract that transfers ownership of goods from the seller (vendor) to the buyer for a price. Under the UCC, goods are…

    • 811 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Particularly, the most important elements to determine whether the contract between TimberCo and BuildCo is enforceable are the agreement. A business or commercial agreement is usually intended to make a contract so as to TimberCo and BuildCo. Basically, the agreement will involve an invitation from an offeror to the parties it was intended to enter a contract and accept by an offeree who received the invitation. In this case, TimberCo is the offeror and BuildCo is the offeree. Under rules on offers, an offer can be revoked before acceptance and acceptance must be communicated to the offeror but there is an exception which is the postal acceptance rule.…

    • 381 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Penal Codes

    • 583 Words
    • 3 Pages

    Lastly, unenforceable contracts are contracts that are valid, but due to a defect, like the wrong medium are not enforceable (“Unenforceable,” n.d.). For instance, if a contract must be written, but is instead oral, it is unenforceable. However, parties can voluntarily perform the contract, despite it being unenforceable (Cheeseman, 2013, p.…

    • 583 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    the Sales of Goods Act 1896 (QLD) which present conditions and warranties in relation to quality and merchantability (Government Q. , 2016). Implied terms can be displaced by counter intention appearing in the contract between parties. This means that in practice, many sales of goods contracts have had displaced provisions. There are five essential elements necessary for the legal binding of a contract, Agreement, Consideration, Capacity, Intention and Certainty. Through most jurisdictions, contracts do not need to be represented in writing.…

    • 1009 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    This contract is a bilateral contract, according to Bilateral Contract (n.d.); “a bilateral contract contains a promise by each party to fulfill certain obligations to complete the deal” (Bilateral Contract, n.d.). This contract will talk about the six elements of contract formation, factors/restrictions of this contract, and the ethical issues of this contract. Six Elements of Contract Formation According to Elements of a Contract (n.d.), there are six elements of contract formation. They are: capacity, mutual assent, consideration, lawful purpose, certainty of terms, and mutuality of obligation (Elements of a Contract, n.d.).…

    • 756 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    All parties have full understanding of and are willing to enter into the contract. 5.…

    • 732 Words
    • 3 Pages
    Superior Essays