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Unformatted text preview: Joshua Friedman 4/16/07 Franchising Vicarious Liability- Actual Agency- Apparent Agency Direct Liability- Voluntary assumption of a duty not required by law or contract Termination of Franchise 1. Termination for cause a. Without notice or opportunity to cure b. With notice or opportunity to cure 2. Termination without cause McDonalds v. Martin 3 people hurt during robbery at McDonalds Sued McDonalds corporate- Emotional Distress Compensation for death of a child McDonalds says it isn’t their job to maintain security No mention of security in franchise agreement Contract by silence says that is the responsibility of the franchisee Direct Liability? Rules for Negligence: 1. Does a duty exist? 2. Was a duty breached? 3. Was there causation? Did the breach of the duty proximately cause the injury? 4. Was there actual damage? El Pollo Loco v. Hashim Hashim was a franchisee of KFC in the 1990’s. Hashim opened franchise of EPL without letting them know of his affiliation w/ KFC EPL terminates franchise and prevents Hashim from using company name Irreparable Harm...
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- Spring '07
- Injunction, El Pollo Loco, Hashim Hashim, McDonalds Sued McDonalds