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Potential Personal Liability Add in library

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Question:

Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display.

 

Answer:

Introduction:

In this review, the laws of UCC cover the accidents of the individual enforcing fireworks. The organization Acme Fireworks have to follow the UCC rule to provide measures to the injured individuals. The Acme Fireworks cannot operate as a sole proprietorship. Because they are works on fireworks not only for that every company want a support on their any kind of risk. The Acme Fireworks needed an injury management system for any kind of risk involved in fireworks. They need a support on medical treatment, which could have required for the company’s employee or the customers they have. The Common goal of the injury management system is to give protections of their day to day operations, employers maintain closer and regularly contact with their workplace. The employees are actively participates in implementing workplace injury understand that the injury management was a huge thing about a running business, which tends to achieving the best outcome from the injure workers.

Involvement of Universal Commercial Code in signing contract:

UCC is a set of rules covering the commercial transactions in U.S. and other territories. These transactions consist of money, mortgages, enforceable contracts and the sales of products. UCC is first published in 1952, covering all 50 states within United States of America. This UCC has a goal in case of considering enforceable contracts in an organization. It also includes the exceptions of the common laws in contracts, so UCC is appropriate practicable law in this context. A contract is called enforceable because, the governing authority of the organization will enforce the law abiding the protective measures of an individual.

Essential elements of the contract to be followed:

Enforceable contract should be a significant part of firework business. The concerned company has to take responsibility for the injured individuals. The necessary provisions of an enforceable contract are the following:

Offer: An offer is the willingness of participation of a company into consideration of the contract. This offer can be acceptable or unacceptable to the party depends on the rules and regulations mentioned in that contract. This offer can be presented to the company in different ways like in an email, in a letter to grant the acceptance. Offer should contain:

1. A statement of objectives to be followed by the offering party,

2. A specific proposal to the company with all the regulations, and

3. A communication to identify the offered person. These are the key parts of an offer; if any of these are not present in an offer, then the offer is incomplete and not acceptable.

Acceptance: Needless to say that an acceptance is the positive response to the offer of an organization. It is also a final expression of an organization to the regulations of the offer. Acceptance can be made by the person or the agent of the concerned authority. In addition, an acceptance must be made in the mentioned way as per the offer stands. If the party has made any changes to the previous offer then the party should have to counteroffer. There should be no values to the previous offer. There can be a slightest chance of non-acceptance of the changed offer.

Parties with legal capacities: Allowing party and organization should create a legal relationship as per the contract. The organization should follow the arrangements to this issue. One exception in this arrangement is a letter of intention that the parties have particularly specified as unbound part of an offer (Musgrave, 2015). In most of the cases, courts find that the legal relation does not include the social and domestic agreements. For instance, two roommates of a hostel are sharing a car; while one is driving and one is fuelling the car, then this is not a good practice of legal relationship.

Lawful subject matter: To make a contract enforceable, the subject cannot be forbidden by the law or break public course of action. For instance, a contract for deal of against the law drugs is not enforceable and a person cannot transfer clear title to real assets if the assets are bound by mortgage. This subject matter consists of heads of terms and the commercial participation. This commercialization outperforms the negotiations and signing of state-of-the-art contract. The companies continue their business sharing the money, working in a project, sharing their all resources.

Mutuality of obligation: In case of a contract, the authorities must have a common purpose and assembly of mind on the conditions. The parties must agree to the same thing, in the same sense and at the same time. If one party has been misled by the contract, then the contract can be voidable. A review of the communications between of the parties and how they performed the terms are used by the courts to determine whether mutuality of obligation exists.

Consideration: Consideration is the very significant part of a contract; it can be money or a guarantee. With this, it may contain moderation from suing on an argument as a part of a disagreement. The considerations are mentioned in an agreement or it must be directed by the rules of the contract. The points of the considerations are: there must be consideration of an exchange and it does not have to assemble any experiment. For instance, as a gift you gave old car to your friend many years before and now you made him compelled to paint your house, then this cannot be a valid consideration for his agreement. To have a proper and legal contract you will need to execute such contract with an individual’s signature must be witnessed.

Potential liabilities of Acme Fireworks:

Acme Fireworks is one of the Australia’s largest and most dependable wholesalers. This organization should have a potential liability issue according to the laws enforcing the fireworks. This organization should have several protective measures to diminish the rate of accident happened during firework display. First of all, in this fireworks display, organization should ensure the use of legal fireworks (Belanger et al., 2009). There are two types of fireworks such as: legal without permit and illegal without permit. UCC confirms the sale and use of sparklers not exceeding 36 inches, stationary cones foundation, snakes, noisemakers, confetti poppers with less than one-fourth of explosive and others that can spin and move on the ground. The fireworks like firecrackers, roman candles, bottle rockets and mortars are not legal without permission of the government (Bell et al., 2009). This organization should fulfil the permit before displaying illegal fireworks. Acme fireworks should collaborate with an injury management system to ensure the injured individual’s treatment. In this injury management system, there should be a claim form for the person’s accident details such as cause of accident, percentage of burn, whether it is fatal or casual, in case any compensation needed and other relevant information. The respective hospital or treatment facility should be provided according to the claim form. In this measure, there is another liability to the company that is the organization should have a team to control crowd in firework display; proper organized crowd can decrease the rate of accident (Mason, 2008). The Acme fireworks should check the quality of fireworks before lighting up. Bad quality fireworks can burst instead of burning completely; stray firework’s burst can damage an entire crowd.   

The different employment types and relationships relevant to agency law and the advantages and disadvantages of each type specific to Acme Fireworks:

The Acme Fireworks have many employees they deal with all kind of fireworks. They export fireworks and firecracker over approximately 40 countries. The Acme Fireworks have many types of employment. The employment of Acme Fireworks categorized in five types:

Full-time employment:

The full-time employees are having a fix employment position in Acme fireworks. They are usually works 40 hours in a week. They are also pre-scheduled in their workplace (Seker, Ramaswamy & Nampoothiri, 2011). Such full-time employees are an accountant, a director and a general manager of Acme Fireworks.  

The Advantage of Full-time Employment: A full time employee are very much loyalty to development of the company. They are feeling some time that they have ownership in the business. This feeling enhance their skills and the heard working work forces. This result in they are available all time to stand besides the company when they needed (Donelson, 2012). A full-time employee is work with one company therefore; they are very much strong in the sense of security.

The Disadvantages of Full-Time Employment: The full-time employment is become very costly in hiring and maintaining such stuffs. The full time employee have many facilities in their work place such as like medical insurance and free vacation for their family.

Part-Time Employees:

The part time employment is those who work approximately thousand hours in any twelve-month period. The Part-time employees are works for a certain period, who are lunched as complete a mission and they have a target base job. Many times part-time employees are hired for achieving an organizational goal.

The Advantage of Part-time Employees: Part-time employees can be an affective staffing option for temporary and small or young businesses. They are hirer for a short period. They are might be a substitution of another full-time worker for a short period. The part time hiring process was varying to the work available for them (Rong-xue & Li-jun, 2009). The part time employees are not qualify for company benefits so the cost for this employees are low.

The Casual worker or employees:

Many people are work as casual worker or employee to the organization. Casual workers are normally paid for the time they are working for the company or the organization at daily basis. The casual employees are have a chance to get more money because they are working as daily basic or hourly. There also a chance to get more awards.

The Advantages of casual employment: The casual worker of a company is paid more for their certain requirement. They not only get more money they also have a very flexible work place. Here Acme Fireworks also have some casual workers who are need to complete a huge market requirement of firework (Edwin et al., 2008). This type of worker is gives a quality of service which, has a guarantee of regularly worked. They have a regular income.

The Disadvantage of casual employment: In this type of employment, they are work as daily rate. This is a big problem in arranging a personal loan and finance. They are cannot take any holiday as they are wish to. The employee, who works for the company, did not cover with any insurance coverage. Then if this worker getting injured throughout their workplace but did not get any medical coverage.

Acme Fireworks needs collaboration:

The Acme Fireworks cannot operate as a sole proprietorship. Because they are works on fireworks not only for that every company want a support on their any kind of risk. The Acme Fireworks needed an injury management system for any kind of risk involved in fireworks. They need a support on medical treatment, which could have required for the company’s employee or the customers they have. The company have to measure the explosive materials if they are having a report according to their product and they have to take responsibilities for their buyers (GAO & MO, 2011). Many organizations or companies have different thinking of injury management system. The Common goal of the injury management system is to give protections of their day to day operations, employers maintain closer and regularly contact with their workplace. The employees are actively participates in implementing workplace injury understand that the injury management was a huge thing about a running business, which tends to achieving the best outcome from the injure workers. The workplace based injury management gives benefit to everyone. They give workers a better feeling for their security. The injury management system can be implemented by all large business. This means that the worker has a value to the company and company can take care of Health and Safety (Gorski, 2012). A workplace health program introduces a positive awareness and commitment to injury management.  

Report all Injury: Many work places, will found as incentives for managers to ‘reduce’ the injuries by getting their injured employees back to the work. The employees are usually known that which conditions will get more involvement in their work environment. A company is driven by the result such as statistics or cost rather then their health and safety.

Reporting without Delay: However, all injury are reported but its still not enough. If any employee injure then inform the authority immediately. The management will give a faster recovery solution that results in the worker get well soon and get back to the work as soon as possible (Jian-hong, 2010). The delay in inform to the authority, results in hampering the hole process. If IMS was implemented in an organization then there are no issues regarding to inform the authority.

 

Conclusion:

The Universal commercial code proposed a business law model. This model involves the main structures of the business protocol, which make restriction over Acme Fireworks. This restrictions are the company cannot use the illegal fireworks and the also maintain same particles in all fireworks which was previously tested by the investigation authority. The company also asking for lunching any product in the market and attend a pre-testing process by the investigation authority. The UCC was declare that any company contact with them they have to take a permission if any changes they wants to make. The UCC also test all products for all company and it conforms that no other company was able to introduce same product at a time. This is the UCC agreements and their goals. The Fireworks company was collaborates with injury management system. The IMS provides a positively shape the IMS process start to finish. The employee are highly motivates through IMS tram and conditions. The IMS model can involve to evolutes the injury of a worker, when he will get back soon.

By involving that model a business achieve the highest goal.

 

Refernce list:

Belanger, H. G., Uomoto, J. M., & Vanderploeg, R. D. (2009). The Veterans Health Administration system of care for mild traumatic brain injury: Costs, benefits, and controversies. The Journal of head trauma rehabilitation, 24(1), 4-13.

Bell, R. S., Vo, A. H., Neal, C. J., Tigno, J., Roberts, R., Mossop, C., ... & Armonda, R. A. (2009). Military traumatic brain and spinal column injury: a 5-year study of the impact blast and other military grade weaponry on the central nervous system. Journal of Trauma and Acute Care Surgery, 66(4), S104-S111.

Donelson, D. (2012). A BOOMING BUSINESS. (cover story). Family Business, 23(3), 36-40.

Edwin, A. F., Cubison, T. C., & Pape, S. A. (2008). The impact of recent legislation on paediatric fireworks injuries in the Newcastle upon Tyne region.Burns, 34(7), 953-964.

GAO, S., & MO, W. (2011). On accident rescue in fireworks and firecrackers factory. Mineral Engineering Research, 2, 016.

Gorski, D. (2012). HIGH Anxiety. Best's Review, 113(3), 64-65.

Jian-hong, N. I. E. (2010). Study on safety production core issue of fireworks and firecrackers [J]. Journal of Safety Science and Technology, 6, 013.

Lexington Herald-Leader (2011). Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Lynn, I. (2010). Shops Face Prosecution for Fireworks Sales.

Mason, S. (2008). Booming fireworks business hampered by new laws. Fort Worth Business Press, 22(25), 25.

Musgrave, B. (2015). Higher insurance requirement caused Lexington neighborhood to cancel fireworks display.

Rong-xue, S. H. Q. K., & Li-jun, W. E. I. (2009). Dynamic Monitoring and Supervision System of Fireworks Production, Storage and Transportation Process [J]. China Public Security (Academy Edition), 4, 015.

Seker, T., Ramaswamy, S. N., & Nampoothiri, N. V. N. (2011). Accidents and disaster management in fireworks industries. Technology and Society Magazine, IEEE, 30(4), 55-64.

Sun, K., & Yang, H. (2012). Statistical analysis of dangerous chemical accidents in China. Fire technology, 48(2), 331-341.

Wisse, R. P., Bijlsma, W. R., & Stilma, J. S. (2010). Ocular firework trauma: a systematic review on incidence, severity, outcome and prevention. British journal of ophthalmology, 94(12), 1586-1591.

www.ilovelibraries.org (2015). Nuts and bolts of enforceable contract [online] Available at: https://www.ilovelibraries.org/article/nuts-and-bolts-enforceable-contract [Accessed on 22 Aug, 2015]

www.findlaw.co.uk (2015). Business contracts [online] Available at: https://findlaw.co.uk/law/small_business/business_contracts/500257.html [Accessed on 22 Aug, 2015]

Hoffheimer, Michael H. 2013. Conflict Of Laws. New York: Wolters Kluwer Law & Business.

Rau, Dana Meachen. 2011. Fireworks. New York: Marshall Cavendish Benchmark.

Eisenberg, Melvin A, and Melvin A Eisenberg. 2002. Contracts. Chicago, IL: Gilbert Law Summaries.

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