Answer:
Who is the franchisor? McDonald's
Who is the franchisee? C.B. Management Inc.
In a franchise relationship, the <u>franchisee</u> is economically dependent on the <u>franchisor's</u> business system.
The franchise relationship is defined by the <u>contract</u>.
Did C.B. Management, Inc.’s failure to make a payment due more than thirty days earlier constitute a breach of the franchise contract? YES
Why? A) the contract provided McDonald's could terminate the contract when a payment was more than 30 days late.
Did the contract provide that the acceptance of a late payment waived McDonald's right to terminate for late payments? NO
What does an implied covenant of good faith and fair dealing require? That the parties act <u>reasonably</u>.
Did McDonald's act of accepting late payments in the past transform McDonald's right to terminate into a discretionary decision governed by the standard of good faith and fair dealing in the future? NO
Why? Which one of these reasons is not correct? B) the actions of the parties control this issue.
A court would likely find for <u>McDonald’s</u>
Answer:If the terms of a contract are ambiguous a court may use extrinsic
Explanation:
The ambiguity of the terms of the contract will force the court to look beyond the express terms of the contract and further looks into the extrinsic terms to be able to take a position on the contract.
Answer:
taking an inventory of the special equipment, facilities, and systems needed for production.
Explanation:
False, a credit card doesn’t deduct from your checking account nor is it linked to your checking account only a debit card deducts from your checking account.
