Acme Firework Case Study

712 Words2 Pages

Acme Fireworks 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 his personnel to 15. Acme Fireworks has received requests from several large companies, the companies are vendors that want to place large frequent orders of firework shows. The manager of Acme has the apparent authority to hire new employees and a pyrotechnics operator as the new agents in the business. The business structure is being changed to an LLC which has the unlimited liability, and the new contracts have all the elements of an enforceable contract within the common law. Elements of a Contract The firework manufacturer has encountered large retail businesses that have requested to do business with them. The owner of the firework company has convinced the other company that the workload could be achieved and performed. The price per show has been discussed by the owner and the other company. A contract is a legal enforceable agreement. The contract is …show more content…

There was nothing that made one think that there was a written contract. There are some exemption of the Statue of Frauds, permits such as admissions in petitioning of an oral contract and special manufactured goods as long as it is between two merchants and is a confirming letter exclusion (Rogers, 2012). Fireworks are a special manufactured good and it would be governed by the UCC. However with the display or creating and performing shows then the common law would dominate and it would actually be a common law. In the Acme Company, the common law would govern because it included services and the sales of goods and after the show is performed then the goods would no longer be

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