Business entity implications for contracts

Assignment Help Business Management
Reference no: EM133147238

Write a briefing of potential factors and issues associated with four types of business entities in the context of U.S. contract law.

One of the most common ways in which business managers are involved with business law is in relation to contracts. Organizations of almost any size will most likely need to create, negotiate, review, approve, adhere to, and resolve con?icts associated with contracts. A business determines its legal standing by determining what type of legal entity it should be identi?ed as. The type of legal entity can signi?cantly impact:

How lawsuits can be brought.

How contracts are handled.

How the courts interpret contract.

How the organization enters into contracts.

How the income from the organization's contracts is taxed.

How liability for breach of contract is assigned.

How the business is sold.

Preparations

For this assessment, assume that you work as a manager in a relatively small, privately-owned U.S. business. The company president (who is also the owner) inherited the company from his mother and has never started a business. He is considering creating a spin-off business (possibly with one or two associates) but is unsure about what form of business entity would be best to use for the new business. It is expected that contracts will play a major role in the success of the business as it utilizes numerous suppliers and distributors. The president knows you took a university-level business law class and has asked you to write a paper analyzing the four most common business entities in the context of contracts to help him decide which type of organization to choose for the new operation.

Research each of the following forms of business entities:

Sole proprietorship.

General partnership.

Corporation.

Limited liability company (LLC).

Write a executive briefing of potential factors and issues associated with four types of business entities in the context of U.S. contract law.

Analyze the following for each type of business entity.

Step 1: Explain creation, negotiation, and approval of contracts for the most common types of business entities.

Analyze the pros and cons of each entity in this context.

For each type of business form, indicate who or what in the legal structure of the business has the authority to perform these functions: create, negotiate, and approve contracts.

Explain the advantages and disadvantages inherent in each of the four business forms with regard to contract creation, negotiation, and approval of contracts.

Step 2: Explain contract liability for the most common types of business entities.

Analyze the pros and cons of each entity in this context.

For each of the four business types, who or what has liability associated with the contract? If the business breaches a contract and is found liable for damages, who in the business might bear personal liability, and what are the consequences for that individual? What liability might the business itself bear, if any?

Explain the advantages and disadvantages inherent in each of the four business forms with regard to contract liability.

Step 3: Explain how the income of each type of business entity is taxed, specifying whether the entity, the owner, or both, are taxed.

Analyze the advantages and disadvantages of each entity in this context.

What are the income tax implications for each type of business? How is the income of the business and its owners taxed?

Analyze the advantages and disadvantages inherent in each of the four business forms with regard to taxation of income.

Step 4: Explain the effects of the type of business entity on the ability to contract for the sale of the business.

Can the business be sold, in whole and/or in part?

How is ownership of the business transferred in terms of what is sold?

Explain the advantages and disadvantages inherent in each of the four business forms with regard to selling the business.

Reference no: EM133147238

Questions Cloud

What phase of project life cycle is each project : What phase of the project life cycle is each project in? Expain.
Fraud is perpetrated and devise cyber-detection risk plan : Describe how each fraud is perpetrated and devise a cyber-detection risk plan according the direction of the CISA rules.
Establish go-to-market strategy : Evaluate the organization structure needed to successfully execute your strategy. Establish a Go-to-Market Strategy
Price elasticity of demand for good : Explain how each of the factors would or would not affect the price elasticity of demand for a good or service that your company
Business entity implications for contracts : Write a briefing of potential factors and issues associated with four types of business entities in the context of U.S. contract law.
Pretax financial income and taxable income : What is the difference between pretax financial income and taxable income? Explain the meaning of temporary and permanent differences.
Comparative advantage : The United States has a comparative advantage over China on the production of specialized and capital-intensive labor.
Reported financial information pertaining to activities : Steve works as computer programmer at Compu-Job Inc. Andersons reported financial information pertaining to their activities during 2021 calendar year.
Project management presentation : You will demonstrate your knowledge of the role of project management in information systems and why it is such an important component.

Reviews

Write a Review

Business Management Questions & Answers

  Role of quality management theory

Discuss what impact globalization has had on the role of quality management theory?

  When it comes to the legal aspects of franchising

When it comes to the legal aspects of franchising, what are some benefits an attorney can provide to a company or individual looking to franchise?

  Which stakeholders are legally required to be involved

Who else might be involved, but is not legally required to be there? How is their involvement going to affect the overall process of hiring new staff members?

  Draw a sequence diagram indicating that object a calls

Draw a sequence diagram indicating that object A calls the method bb in object B, B performs the requested action and returns control to A

  Demand in an exposure period

How will the new retail store meet demand in an exposure period?

  Explain what characteristics result in toxic leadership

What characteristics result in toxic leadership? Provide a personal experience (do not disclose specific names) or public example of toxic leadership.

  Improve the job components-promotion satisfaction

List some ideas (2-3 per component) for steps an organization can take to improve the following job components: Promotion Satisfaction, Supervision Satisfaction

  Health care impacting organizational change

What are some current trends in health care impacting organizational change? Provide specific examples.

  Possible to save battery power and electricity

As discussed in the chapter, one push by computer manufacturers is making computers run as efficiently as possible to save battery power and electricity.

  Reflection-managerial leadership

One of management's responsibilities is to ensure their team's work aligns to the organization's business strategies.

  Discuss culturally charged issue

Discuss a culturally charged issue that you have experienced in the workplace. How was this issue dealt with by management?

  What are some ways in eliminating cognitive biases

What are some ways in eliminating cognitive biases?

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd