Study On Vicarious Liability Of The Commercial Franchising Franchisor

Franchising is the world's most popular business model and has been booming developed in China. With the rapid development of franchising in recent years, the number of franchise disputes is growing. The issue of franchising external responsibility sharing is particularly prominent. Practically, there have emerged lawsuits between the third person and the franchisee for breach of contract and tort action brought by the concessionaire. In consideration of the lack of specific provisions on the civil liability in the existing franchise law and the lack of theoretical research in this area, this problem confused the courts in dealing with such disputes. The Chinese law system falls into the category of statute law, the lack of relevant regulations of the legal liability system in franchising activities is not conducive to maintaining the consistency of judgments of the court and the normal development of franchising activities. This thesis intends to explore the franchisor's external responsibilities by case analysis, and to present the writer's own views for reference. This paper is divided by three parts of the preface, the main body and the conclusion. The preface part gives a brief introduction of franchise's history and its current development in China, and leads to the case which the paper intends to research. This part also points out the purpose and significance of this paper.Body consists of four parts. The first part describes the basic focus of the case and three disputes to a third party who sued franchisor and the franchisee, for example contractual liability of the franchisor's vicarious liability issue. The case law surrounding the franchise relationship identification, how to identify the franchisee should bear vicarious liability and vicarious liability should be the focus of how to take three controversial discussions. The second part is a commercial legal relationship between the franchise problem of identificationThis section from the franchise concept and characteristics of start, the franchise and its associates, affiliated and agents make a distinction between three concepts, combined with the franchise contract to identify case law relationship between the formation of the franchise. The third part of the franchise's first define the concept of vicarious liability and the type of franchisor vicarious liability analysis of the theoretical basis that the alternative obligation to the franchisor should analyze specific issues, finds that the case should be applied to resolve the dispute Apparent Agency . Apparent mode so as to arrive at the franchisor vicarious liability of the constituent elements. The fourth part is identified franchisor vicarious liability should bear their responsibilities after the modalities. Should distinguish between different scenarios, considering the factors that the franchisor's control, fault level and financial situation at the same time to identify who is directly responsible for licensing, joint and several liability or reserve duty. Person responsible for the concession after the two sides in the contract process according to the degree of fault recovery.Conclusion part of that franchise this point of view and problems. Necessary to improve legislation and enforcement, licensing but also in strict accordance with the contract the two sides fulfill their obligations to safeguard the healthy development of the franchise.