Franchisees as consumers benchmarks, perspectives and consequences
Franchising is an increasingly important global business model, but how well protected are franchisees –the people who operate and make any franchise system really work? In this book, the author explores the many different roles that franchisees play in modern business, and their importance to the s...
| Autor principal: | |
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| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
New York :
Springer
2013.
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| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009468609506719 |
Tabla de Contenidos:
- Franchisees as Consumers; Acknowledgments; Contents; Chapter 1: Introduction; The Importance of Business Format Franchising; De fi nitions; Conclusion; Chapter 2: The Franchisor; Franchisor as Supplier; Franchisor's Approaches to Managing Risk; Chapter 3: The Franchise Network: Legal Fabric of a Global Player; The Franchisor's Identity Within a Network; Franchisor's Trademarks; Franchisor's and the Owners of Franchisees' Premises; Conclusion; Chapter 4: The Franchisee; A Contracting Party; A Consumer in a Competitive Market; Categorisation of Work Arrangements
- Employee or Independent Contractor?Features of Relationship When Franchisee Is Involved; Behavioural Control of Franchisees/Terms of Engagement; Type of Instructions Given; Right to Delegate; Degree of Instruction; Evaluation Systems; Training; Financial Control of Franchisees; Signi fi cant Investment; Unreimbursed Expenses; Opportunity for Pro fi t or Loss; Services Available to the Market; Method of Payment; Type of Relationship Between Franchisors and Franchisees; Written Contracts; Permanency of the Relationship; Services Provided as Key Activity of the Business; Summary of Features
- Relevance of CategorisationIncorrect Classi fi cation in Contract of Appointment; Consumer Protection; Goodwill; Occupational Health and Safety; Insolvency; Conclusion; Chapter 5: Contract Law; The Desirability of Certainty in Contracts; Freedom of Contract; A Standard Form Business Consumer Contract; Relational Contract; Incomplete Contract; Exploitative Contract; Consequential Contracts; Conclusion; Chapter 6: Asymmetry in the Franchisor/Franchisee Relationship; Information Asymmetry; Adviser Asymmetry; Education and Regulator Asymmetry; Risk and Reward Asymmetry; Resource Asymmetry
- Contract AsymmetryRegulatory Asymmetry; Conclusion; Chapter 7: Corporate Governance; Introduction; Principles; OECD; ASX; Speci fi c Areas; Con fl icts of Interest; Succession Planning; Corporate Governance of Listed Franchisors; The Future; Chapter 8: Franchisor Failure; Introduction; What Is Insolvency?; Role of Administrators; Role of Liquidators; Data on Failed Franchisors; Why Franchisors Fail; Reasons Why Some Australian Franchisors Failed; Trading While Insolvent; Strategic Insolvency; Indicators of Impending Franchisor Insolvency; Case Study: Angus & Robertson
- Collateral Damage: Gloria Jean's Within Borders StoresFranchisees in the Franchisors Insolvency; What Would Make a Franchisee a Debtor?; What Would Make a Franchisee a Creditor?; What Franchisee Expenses Cannot Be Recovered?; Ongoing Rights and Obligations of Franchisees; Why Franchisor Angus & Robertson Failed; Should Franchisees Have Anticipated Insolvency?; Retail Lease Issues; Trademark Issues; International Dimensions; Franchise Agreement Wording; Effectiveness of Current Law; Contract Law Actions; Anticipatory Breach; Frustration; Unjust Enrichment; Contract and Quasi-Contract Remedies
- Litigation Embargo During Administration
