You are a new associate at a CPA firm. Your boss has explained that a new client has come to the firm with a small but growing company that makes a granite cleaning product which is sold in several major retail stores. The client has been operating as a sole proprietorship, but now thinks that because of the growth of the company a different business entity might be advantageous.
When the product arrived at the distributor’s location, the distributor rejected the product. The claim was that they have received complaints from consumers that the spray bottles did not work correctly. The distributor further stated that the bottles sprayed the product in a dangerous way that caused injury to several consumers. Your boss has asked you to prepare a memorandum. You will present it to your boss and the client that addresses the following:
Outline the client on his or her new duties and liabilities as an owner/officer/ member of the new entity in regards with the newly selected entity;
Discuss contract issues: Performance and breach of contract, remedies, risk of loss, and
non-conforming goods in regards to your client’s relationship with their distributor; Analyze the potential liability to consumers, under relevant laws and case law in regards to the production and distribution of the granite cleaner in a spray bottle.