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: ACMEFIREWORKS COMPANY1The starting ofAcme Fireworks CompanyDebra DallerBUS 311 Business Law IInstructor: Michael HuangOctober 6, 2014In the context of expanding the Acme Fireworks Company, analyzethe various legal liabilitiesassociated with the manufacturing, distribution, and sale of fireworks. Discuss the potential risksinvolved for the company, including but not limited to, intentional torts, negligence, and strictliability. How can the company ensure compliance with legal requirements to minimize risk?Additionally, consider the environmental and ethical responsibilities that the company mustaddress as part of its expansion. Based on your analysis, recommend the most suitable businessstructure for Acme Fireworks Company and explain why.Word Count Requirement:800-1,000 words

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ACME FIREWORKS COMPANY2Acme Fireworks Company is planning to expand and needs some details to accomplishthis goal.The owner of any business would need to know and understand theresponsibilityofwhat they are manufacturing.The liabilitywould befor the injury that a person would incur dueto the fireworks that they sell.Itwould go so far as from the manufacturer of the product thedistributor and the wholesaler and finally the retailer that sold the defective fireworks to thecustomer.There are mainly four different kinds of legal liability theories that canconsider. Theintentional tort, and in this particulartypeof case itis, usually,a typical battery kind. The nextwould be ordinary negligence, then strict liability negligence or breach ofcontract.Theconsequences of suing a person orbusinesswithone or more of the legalargumentswould beover the other three of thecasesavailable and the damages that canrecover.Certain of thedefenses would be available to the defendant under thespecificlegalprincipleswhen they arenot available under the others.The laws of theliabilitythat determines what the liability is fromthe manufacturers. The distributorsandthe wholesalers, and the retailers to make sure that thephysicaldamagethatcanbesuffered by the individuals from their products they know how touse the products.The businesses are required to have a how to use this product labeledsomewhere on the product andthenameof can be dangerous if used improperly on the labelalso.Iftheproblemwouldexistwith theproduct. Thatis foundin the productandcancauseharm toaperson or the property.Then some or all the parties named above would be at fault,and the company will have an economic loss that they may have to recover.There are several different kinds of liabilitieswould be withthe company would need tobe careful.There is the intentional tort which is the kind of battery that the law would consider tobe pretty much self-explanatory intentionally causing injury or to cause someone to harmthemselves or others from the product.Withthistypeof tortwiththe manufacturer and or the

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ACME FIREWORKS COMPANY3supplier would be at fault for the injury thataperson may have incurred while the person wouldbe using the product.There is also negligence thatcould get a business into trouble with the law involving themanufacturing company or even the suppliers. They would by intentionally placing a dangerousproduct into the stream of the products that the customers would be able to get hurt. Again thiswould be a reasonable case for the law to consider that the manufacturer or even the supplierwould be at fault if the consumer or a person would get hurt from using the product.Thenegligencecases would be if the supplier and manufacturer are not careful with the product theycould be facing even unintentional injuries from the injuries that their products have caused thegeneral product. In thisliability,a passerby that is injured by the defective fireworks that the oneperson bought May also be able to sue the manufacturer and or supplier because he also got hurtisthe products.As with strict liability would be placing of the liability would in most cases go to themanufacturer.In thecaseofthe plaintiff mustshowthat the item was defective.The strictliabilitywill thencausedamageby the manufacturer orasupplier,and no other place could havehad the opportunity tohandle the item evenmuch less to tamper with thearticleto make itdangerous for anyone.Just the same as with the plaintiff themanufacturermust prove that thecustomer did orcausethe item to become very unstable or dangerous by whatever means that theconsumer was doingto the product and the manufacturer had ample warning signs on theproduct to tell the consumer not to cause the person any danger in order to cause injury for theperson or persons.Most times it is the manufacturer for the defects for the strict liability to attachin the cases involving the manufacturing of the defectiveitems ordinary negligence could also beapplied to the cases that involves design defects or defective warning.There are three common
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