Research On Vicarious Liability In Franchiser's Management

In the modern commercial economy, the franchise business model has become generally suitable; since the 90's, the franchise management has also obtained the sufficient development in China. However, laws and regulations in our country promulgates never involves to franchise management to franchiser or franchisee's question, rules and regulations. This has caused the confusion in judicial practice.In this point of view, the subject of this article hypothesizes as franchiser's vicarious liabilities to undertake the question. This article is attempting to find a better solution through straightening out the nature of the vicarious liability and the special characteristics in the franchise management. Exclude the introduction and the conclusion, the main text divides into the following three chapters:The first chapter "vicarious liabilities in franchise management", it first starts to embark from the definition of the vicarious liability, then characterizes and categorizes liabilities in franchise management. By following on these analyses, the chapter takes close steps to discuss whether should franchiser undertake the vicarious liabilities; finally, test the inspection through the comparison in various vicarious liabilities.The second chapter "principle of vicarious liability in franchise management and research of different ways on undertaking certain responsibilities", commonly follows a train of thoughts of outlining details. Base on the obtainment that the principle of vicarious liability should turn over to also be the principle of fault presumption.The third chapter "The fundamental rationales of franchiser's vicarious liability", this chapter carries on the analyses existing theories, and pointed out their unreasonable concepts; Further, base on analyses found, concludes that in order to derive the fundamental rationales of franchiser's vicarious liability, then the inquiry should also base on the principle of fault presumption. Simultaneously, this chapter presumes that franchiser's vicarious liability should not only limit on undertaking the joint and several liability responsibilities.