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Over [174]
3 years ago
15

Thomas Klutz obtained a franchise from Kahala Franchise Corp. to operate a Samurai Sam's restaurant. Under their agreement, Klut

z could transfer the franchise only if he obtained Kahala's approval and paid a transfer fee. Without telling Kahala, Klutz sold the restaurant to William Thorbecke. Thorbecke signed a note for the price. When Kahala learned of the deal, the franchisor told Thorbecke to stop using the Samurai Sam's name. Thorbecke stopped paying on the note, and Klutz filed a claim for the unpaid amount. In defense, Thorbecke asserted breach of contract and fraud. Are these defenses effective against Klutz?
Business
1 answer:
Musya8 [376]3 years ago
8 0

Answer: Yes they are

Explanation:

With a franchise, one is given permission to use another Company's name, brand or any other thing decided in the agreement with the franchisee agreeing to pay the franchisor for this permission / license.

Usually, as was the case here, the franchisor requires knowledge of a sale of a franchise because it carries their name.

Thomas Klutz knew of this agreement and yet neglected to tell William Thorbecke.

When Kahala found out about this they demanded understandably that Mr. Thorbecke stop using their intellectual property because they didn't give him permission.

This must have caused Mr. Thorbecke some sort of losses and so he decided to stop paying the note on the basis of fraud and breach of contract.

He would be right in both cases because there has been a breach of contract as he can no longer engage in Business properly. A business he bought and paid for in good will. Also he was sold the restaurant without being told that it was a franchise so he thought he had bought an original and this constitutes fraud due to misrepresentation.

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Which of the following falls in the category, "place" in the marketing mix?
inna [77]

Answer: trade shows

Explanation:

In marketing mix, the place is simply referred to as the process of movement if goods and services from the producer to the prospective consumers or consumers.

The place also refers to how ones good or service is bought and the place where it is being sold. The movement could be through intermediaries like distributors, the wholesalers, retailers etc.

In the above, the place will be the trade shows.

7 0
3 years ago
A farm is currently producing at point C on this curve.
lord [1]

Answer:

the farm would face trade offs in production of apples or oranges

Explanation:

i have a brain and I used it

8 0
4 years ago
Part II: Article II, Section I of the U.S. Constitution provides that the president must "take care that the laws be faithfully
xz_007 [3.2K]

Answer: Yes it is.

Explanation:

The Constitution puts the President at the head of the Executive branch of government and provides that the President should ensure that the laws of the land are faithfully executed.

Seeing as executive orders are issued to members of the executive - which are under the President - and are done to ensure that the laws of the land are carried out, the President is not only following the Constitution's directives in  Article II, Section I of the Constitution but doing it within their power as head of the executive.

Executive orders are therefore an implied constitutional power that the President has.

4 0
3 years ago
Journalize the following transactions for Reed Company. Assume a perpetual inventory system. Also, assume a constant gross profi
igor_vitrenko [27]

Answer:

The Journal entries are as follows:

(i) On April 6,

Cash A/c Dr. $5,000

To Sales                     $5,000

(To record the cash sales )

(ii) On April 6,

Cost of goods sold A/c Dr. $3,000

To merchandise inventory               $3,000

(To record the cost of goods sold)

(iii) On April 12,

Sales return and Allowances A/c Dr. $630

To cash                                                          $630

(To record the sales return)

(iv) On April 12,

merchandise inventory A/c[(630 ÷ 5,000) × 3,000] Dr. $378

To cost of goods sold                                                                     $378

(To record the cost of sales return and allowances

4 0
4 years ago
Conversion cost is the sum of a.selling cost and administrative costs. b.product costs and period costs. c.direct labor cost and
defon

Answer:

The answer is  c.direct labor cost and overhead costs.

Explanation:

Conversion costs include direct labor and overhead expenses incurred in the process of converting raw materials into finished products

8 0
3 years ago
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