Research On Franchisor's Vicarious Liability

Franchising as a"win-win"business strategy is regarded as the most attractive business mode in the 21st century. In the development of franchising, there has been the history of over one hundred forty years in USA. Nowadays, whichever countries and areas, or even including different working environment and cultural background, franchising has already showed important functions. It will have an important position with the development of the international economy.Franchising has existed in more than eighty countries by multiform, and will have sustained growth. In the face of the tendency of international franchising, franchising in our country is still in its primary stage. However, the worrying thing is that our franchising rule is faulty."Measures for the Administration of Commercial Franchises"which was promulgated by the Ministry of Commerce and implemented as of February 1st, 2005 is the only franchising legislation. As we know, it is not enough for establishing a maturity system of franchising.Any mode of exchange needs to be guaranteed by law, or else it seems to be meaningless. Therefore, the author tries to study legal liabilities between franchisors and franchisees from the point of the franchisor. The thesis comprises three chapters. The author wants to illustrate franchisor's vicarious liability which plays a important role to promote the general and healthy development of commercial franchises with concept, origin, character, significance, and value analysis. At last, the author concludes that the system of franchisor's vicarious liability is imperative under the situation by integrating our franchising state and legislation environment.Chapter one is about the concept, character, and significance of franchisor's vicarious liability. Franchisor's vicarious liability bases on...