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BUS 311 Business Law I: The starting of Acme Fireworks Company

An assignment analyzing the legal aspects of starting a business.

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    Running head: ACME FIREWORKS COMPANY 1 The starti ng of Acme Fireworks Company Debra Daller BUS 311 Business Law I Instructor: Michael Huang October 6, 2014 In the context of expanding the Acme Fireworks Company, analyze the various legal liabilities associated with the manufacturing, distribution, and sale of fireworks. Discuss the potential risks involved for the company, including but not limited to, intentional torts, negligence, and strict liability. How can the company ensure compliance with legal requirements to minimize risk? Additionally, consider the environmental and ethical responsibilities that the company must address as part of its expansion. Based on your analysis, recommend the most suitable business structure for Acme Fireworks Company and explain why. Word Count Requirement: 800 - 1,000 words

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    ACME FIREWORKS COMPANY 2 Acme Fireworks Company is planning to expand and needs some details to accomplish this goal. The owner of any business would need to know and understand the responsi bility of what they are manufacturing. The liability would be for the injury that a person would incur due to the fireworks that they sell . It would go so far as from the manufacturer of the product the distributor and the wholesaler and finally the retailer that sold the defective fireworks to the customer. There are mainly four different kinds of le gal liability theories that can consider . The intentional tort, and in this particular type of case it is , usually, a typical battery kind. The next would be ordinary negligence, then strict liability negligence or breach of contract . The consequences of suing a person or business with one or more of the legal argument s would be over the other three of the ca ses ava ilable and the damages that can recover . Certain of the defenses would be available to the defendant under the specific legal principl es when they are not available under the others. The laws of the liability that determines what the liabili ty is from the manufacturers. T he distributors and the wholesalers, and the retailers to make sure that the physical damage that can be suffered by the individuals from their products they know how to use the products. The businesses are required to have a how to use this product labeled somewhere on the product and the name of can be dangerous if used improperly on the label also. If the problem would exist with the product. That is found in the product and can cause harm to a person or the property . T hen some or all the parties named above would be at fault , and the company will have an economic los s that they may have to recover . There are several different kinds of liabilities would be with the c ompany would need to be careful . There is the intentional tort which is the kind of battery that the law would consider to be pretty much self - explanatory intentionally causing injury or to cause someone to harm themselves or others from the product. With this type of tort with the manufacturer and or the

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    ACME FIREWORKS COMPANY 3 supplier would be at fault for the injury that a person may have incurred whil e the person would be using the product. There is also negligence that could get a business into trouble with the law involving the manufacturing company or even the suppliers. They would by intentionally placing a dangerous product into the stream of the products that the customers wo uld be able to get hurt . Again this would be a reasonable case for the law to consider that the manufacturer or even the supplier would be at fault if the consumer or a person would get hurt from using the product. The negligence cases would be if the supplier and manufacturer are not careful with the product they could be facing even unintentional injuries from the injuries that their products have caused the general product. In this liability , a passerby that is injured by the defective fireworks that the one person bought May also be able to sue the manufacturer and or supplier because he also got hurt is the products. As with strict liability would be placing of the liability would in most cases go to the manufacturer. In the case of the plaintiff must show that the item was defective . The strict liability will then cause damage by the manufacturer or a supplier , and no other place could have had the opportunity to handle the item even much less to tamper with the article to make it dangerous for anyone. Just the same as with the plaintiff the manufacturer must prove that the customer did or cause the item to become very unstable or dangerous by whatever means that the consumer was doing to the product and the manufacturer had ample warning signs on the product to tell the consumer not to cause the person any danger in order to cause injury for the person or persons. Most times it is the manufacturer for the defects for the strict liability to attach in the cases involving the manufacturing of the defective items ordinary negligence could also be applied to the cases that involves design defects or defective warning. There are three common

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