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A Growing Business

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A Growing Business
Liliana Drum
BUS 311 Business Law I
Instructor: Donald Ceplenski
November 17, 2014

Although have a sole proprietorship type business can be straight-forward, deciding when to grow a business to handle larger amounts of transactions can be a difficult time. When first setting out in a sole proprietorship, decisions and business transactions are done through one person, when a situation occurs that calls for larger transactions and more employees, revamping the initial business model is not only necessary but demanded. Taking rest and reassurance in forming either a partnership or corporation can be a hefty decision, but will provide support and protection when dealing with large amounts of transactions and customers. Hindsight is always 20/20, and many small business owners stated then would have started their business with a more planned out and developed plan.
When common law or the Uniformed Commercial Code (UCC) governs contracts, the difference between the two will drive how disputes are resolved. As a result of this concerted effort by some of this country’s leading legal experts, the UCC was enacted in whole or in part with only small changes by the legislatures of all states. While the UCC represents a significant effort toward a uniform national law, it should be remembered that there would still be variations from state to state Common law derives from judges making decisions in actual lawsuits and emphasizes the making of rules through court decisions (Rodgers, 2012). With everything is life, experiences are used as examples and drive the future for decisions and how agreements and contracts can be built and enforced.
Our text outlines the differences between the UCC and common law. The laws will help guide and dictate whether contracts are legal and how they are to be accomplished. The UCC makes is possible to conduct business in different states such as an online purchase over eBay with a seller in Alaska and a buyer in New York. The nine articles of the UCC stipulate how business can be conducted and within each article, questions can be answered to help decide whether contracts are legal and how to respond if an issue arises. When forming a contract with a business or client, both sides need clear and direct requests and performances to direct the exchange of goods or services. There are five essential elements of enforceable contracts offer, acceptance, consideration, legality, and capacity. I believe, yes, the contracts were formed with the other businesses. Once these essential elements are created and met, the contract can be upheld and acted upon. The business was originally conducting these agreements; the only factor that changed was the increase in services provided. If for example, the clients had asked for a different kind of service such as performances with live actors that could drive a different offer or consideration. His business is based on these contracts, even though his business did thrive initially without the increase in revenue. From understanding the situation posed by our writing prompt, the only difference could be on the business owners part in accepting the increase in business.
Liability is always a concern when agree to provide a service, whether it be for carpet cleaning or firework displays (Parlane, S.,2003). Today’s economy has caused for a higher regard to detail when it comes to the risk of losing your entire business over a bad deal or accident. Many small businesses have needed to either scale back or add additional insurance to cover their skills or trades. In the case of the fireworks, the liability is a great reason to not have lock tight, bulletproof insurance. A simple way can be to assemble contracts to describe who will be responsible for what and how. Assumption of risk would be what in our text is described as the customer taking on the responsibility of any possibility of injury or accident from their product or services (Eddy, N. 2014). If something were to go wrong or not pan out as requested by the contract, the liability will guide who is responsible for what parts. If the customer and the service provider can contract any additional coverage in case of accidents, that can be another approach to protecting both parties. Issues of contract liability are generally no different between compensated and gratuitous agents, but a principal has less tort liability for a gratuitous agent (Rogers, S. 2012).
The various types of employees and employer types relationships are extremely different. However, without agency law, the agent, the employee, would not be able to act on behalf of the principle, the employer. With a gratuitous type of agency there is a commitment to perform without any type of payment. Compensated is the other type of agency where payment is arranged in exchange for service or products. Acme Fireworks can benefit from both types. Having a handful of gratuitous type employees can assist with odd jobs and ones that are possible two fold in providing for a client and maybe a donation or community. The compensated type will perform with direct guidance and under specific circumstances to assist with agree contracts. Under compensated are employees and independent contractors. Independent contracts are mostly the same but when it comes to the liability part, they are not the same and not responsible. Issues of contract liability are generally no different between compensated and gratuitous agents, but a principal has less tort liability for a gratuitous agent (Rogers, S. 2012). As a compensated agent, Acme Fireworks will be given a monetary amount for the work provided. So in actuality, there is a contract for Acme Fireworks with each customer for the firework displays and then with the employees that Acme hires to fulfill those orders.
Going from a sole proprietorship to a larger business can be done successfully. Receiving more business is what all business owners hope and pray for. Once the customers begin to poor in, the only direction for your business to go it up. The precautions our text describes are true, but the risk can be worth it. Common law governs contractual transactions with real estate, services, insurance, intangible assets and employment. UCC governs contractual transaction with goods and tangible objects (such as a purchase of a car). Once the type of agreement is decided, the follow through can be easy and helpful. The above graphic from the National Federation of Businesses illustrates how in the years to come there is a slight but steady rise in small business, which can be promise to stretch and gain momentum into a partnership or larger type of business.
Although have a sole proprietorship type business can be straight-forward, deciding when to grow a business to handle larger amounts of transactions can be a difficult time. When first setting out in a sole proprietorship, decisions and business transactions are done through one person, when a situation occurs that calls for larger transactions and more employees, revamping the initial business model is not only necessary but demanded. Growth of business can be a wonderful process, however understanding the ins and outs can be difficult and time consuming. 
When your product or services reaches the point that conducting business out of your garage and on your own is no longer feasible, the next step is to enter into a partnership to provide a more stable and established foundation in order to continue building your business.

References
Eddy, N. (2014). Small-Business Owners Need Better Business Plans. Eweek, 1.
Huneycutt, A. W., & Wibker, E. A. (1988). LIABILITY CRISIS: SMALL BUSINESSES AT RISK. Journal Of Small Business Management, 26(1), 25-30.
Rogers, S. (2012). Essentials of Business Law. San Diego, CA: Bridgepoint Education, Inc.
MacLeod, W. B., & Malcomson, J. M. (1989). Implicit contracts, incentive compatibility, and involuntary unemployment. Econometrica: Journal of the Econometric Society, 447-480.
National Federation of Business, (2014) http://www.nfib.com
Parlane, S. (2003). Procurement contracts under limited liability. Economic and Social Review, 34(1), 1-22.
The United States Small Business Administration (SBA), 2014, www.sba.gov

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