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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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Answer:

Place

Explanation:

Marketing mix is the understanding of 4 important and controllable elements of marketing plan. Usually, these elements are considered as 4P which are Product, Place, Price and Promotion.

Place: To enter more effectively or in general to be successful in the market, as a supplier you should choose your segment or where to reach to your potential customers carefully and certainly. That’s why the place which is selected must be considered where the target market is.

Product: It is very important to develop your product to make the customers to have “willingness to pay”. So it has to have unique or good design, standards, quality and other important attributes. You should seek to sell the products which have big demand.

Price: There should be the reasonable price to the customers who will be able to buy your products. Sure, the price is established after the analysis of your costs (fix, variable and etc.). However, you should be careful about your rivals in the price policy. The buyers will have always power on you in this case so they can substitute your product to others.

Promotion: This element is about the process of explanation how your product will create the value on the customers. It is very necessary point on the value chain activities. If you have a better promotion than others your products will be demanded more or permanently.

3 0
3 years ago
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Answer:

Lancashire Railway Company (LRC)

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Explanation:

a) Data:

Division L's weighted-average cost of capital = 8%

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Expected return from a proposed project for Division H = 12%

4 0
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3 years ago
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Answer:

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