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Bus Law Ch. 36

A sole proprietor does not own the entire business
In choosing a form of business organization for a new enterprise, impor¬tant factors include the ability to raise capital.
The franchise is not strictly speaking a business organizational form.
A sole proprietor is free to make any decision he or she wishes concerning the business.
Any lawsuit against the business or its employees does not lead to unlimited personal liability for the owner of a sole proprietorship.
A franchisee is generally legally independent of the franchisor.
A franchisee is generally economically independent of the franchisor’s integrated business system.
In a manufacturing arrangement, a franchisor transmits to a franchisee the essential ingredients or formula to make a particular product.
The laws governing franchising are primarily designed to protect fran¬chisors from dishonest franchisees.
No state requires franchisors to provide presale disclosures to prospective franchisees.
Some states require that a franchisor submit advertising aimed at pro-spective franchisees to the state for approval.
Some states require the termination of a franchise when there is no “good cause” for it to continue.
If a franchisee is induced to enter into a franchise contract by the franchisor’s fraudulent misrepresentation, the franchisor may be liable for damages.
A franchisee ordinarily does not pay a fee for a franchise license (the privilege of being granted a franchise).
The franchisor may require that the business use a particular organizational form and capital structure.
The franchise agreement is not likely to set out standards such as sales quotas and record-keeping requirements.
The duration of a franchise is a matter determined by federal or state statutes.
A franchisor can suggest retail prices for the goods that a franchisee sells but cannot mandate them.
When a franchise agreement contains a notice-and-cure provision, a franchisee’s breach of the duty of honesty and fidelity is not enough to allow the franchisor to terminate the franchise.
If a franchisor’s decision to terminate a franchise is made in the normal course of business and reasonable notice is given, it is less likely that the termination will be considered wrongful.
Kari is the sole proprietor of Living Earth Garden Shop. As a sole proprietor, on the business’s profits, Kari pays
Only personal income taxes
Silvano owns Textbooks Plus, a sole proprietorship that sells textbooks and other school supplies. When Silvano dies, Textbooks Plus will automatically
Haute Dogs, Inc., sells a franchise to Ilene’s Cuisine, a lunch truck. Ilene’s Cuisine is
A franchisee
Cookie Shops, Inc., sells a franchise to Donuts & Desserts, a mall food-court vendor. Cookie Shops is
A franchisor
Paradise Footwear buys a franchise from Quadrangle Athletic Shoes Inc. This rela¬tionship, like all other franchise relationships, is governed by
Contract law
Instead of setting up a business to market her own products, Rita con¬sid¬ers entering into a distributorship franchise with Sports Equipment Corporation. This involves the transfer of
A license
Sauces n’ Syrups, Inc., and Thad’s Sweet & Spicy Bottling Plant have a manufacturing franchise arrange¬ment. This involves the transfer of
The formula to make a certain product
Ralph is interested in buying a franchise from Sparkle Beverages Inc. For Ralph to make an informed decision concerning this purchase, Sparkle Beverages must disclose in writ¬ing or online
Material facts such as the basis of projected earnings figures
Eudora is interested in buying a franchise from First Home Realty Company. In this transaction, the Federal Trade Commission’s Franchise Rule
Enables Eudora to weigh the deals’ risks and benefits
Jumbo Juice Inc. offers entrepreneurs the opportunity to operate a franchise under the Jumbo Juice trade name as a member of a select group of dealers that engage in retail juice sales.

B10. Refer to Fact Pattern 36-1. To potential investors, Jumbo Juice must provide

None of the choices
Jumbo Juice Inc. offers entrepreneurs the opportunity to operate a franchise under the Jumbo Juice trade name as a member of a select group of dealers that engage in retail juice sales.

Refer to Fact Pattern 36-1. Jumbo Juice makes earnings claims to potential investors. For those claims, the franchisor

Must have reasonable basis
Level Fencing Company wants to present information in “disclosure docu¬ments” via the Internet to prospective franchisees. Among other legal re¬quirements with which Level Fencing must comply, prospective franchisees must
be able to download or save all electronic documents
FreezE Yogurt Corporation provides its prospective franchisees with projected earnings figures based on actual data. FreezE Yogurt must also disclose
The number and percentage of franchisees that achieved the figures
Sasha contracts to buy a franchise from TrustMe Financial Consultants Inc. The contract is silent on the issue of territorial rights. When TrustMe allows a competing franchise to be established near Sasha’s office, she suffers a significant loss in profits. This is most likely a violation of
The implied covenant of good faith and fair dealing
George buys from Haul-U Corporation the exclusive right to use the Haul-U trademark and sell and lease Haul-U-brand products in a certain area. Their franchise agree¬ment requires George to pay certain administrative expenses. Their agreement may also require George to pay a percentage of the franchisor’s
Advertising costs
Rooster Red LLC grants a franchise to Qiana to open and operate a Rooster Red restaurant. Rooster Red will likely charge Qiana
An initial fee or lump sum price for the franchise license
Shop n’ Pay Convenience Stores, Inc., is a franchisor. Tonya operates a Shop n’ Pay fran¬chise. Ulysses is one of Tonya’s employees. As a franchisor, if Shop n’ Pay con¬trols the day-to-day operations of the business to a significant degree, it may be liable for tortious acts by
Shop N Pay, Tonya or Ulysses
Fletcher buys a Great Big Burgers, Inc., franchise. Great Big Burgers requires that its fran¬chi¬sees buy its products exclusively for every phase of their op-erations. Be¬cause Fletcher wishes to buy less expensive products, he challenges the re¬quirement. His best argument is probably that the re-quirement violates
Federal antitrust laws
Mix n’ Match Clothing Corporation gives notice to Neely that Mix n’ Match is terminating their franchise arrangement. Winding up the business requires
The return of Mix n Match’s property
A franchise agreement between Grid Tools Company and Hometown Hardware, Inc., is silent on a time for termination of the franchise. Grid Tools may
Terminate on reasonable notice

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