Compare the two cases of franchise business and legal issues, including comments on the parties being sued|Legit essays
Posted: February 15th, 2023
In a four- to 5 -page, APA-formatted paper, address the following:
STEP 1
Review the law school case briefs below and select two of the following cases to focus on for your CLA 2 deliverable:
Case 1: Patterson v. Domino’s Pizza, LLC, 60 Cal. 4th 474, 177 Cal. Rptr. 3d 539, 333 P.3d 723 (2014)
Case 2: Executive Home Care Franchising, LLC v. Marshall Health Corp., 642 Fed.Appx. 181 (3d Cir. 2016)
Case 3: In re Estate of Anderson v. Denny’s Inc., 987 F. Supp. 2d 1113 (D.N.M. 2013)
Case 4: McDonald’s Corp. v. C.B. Management Co.,13 F.Supp.2d 705 (N.D.Ill. 1998)
STEP 2
CLA 2 Assignment Instructions:
- Compare the two cases of franchise business and legal issues, including comments on the parties being sued, the parties filing suit, the financial damages in each case (distinguish between actual and potential damages if needed), and the ability of the alleged infringing party to make financial restitution.
- Summarize each case in your own words.
- Use the IRAC structure to identify issues and apply law and facts to the case. The IRAC method has four steps:
- Identify the issue.
- Relevant law – Here you need to explain the law, not just state it. This could be sections/s of the Corporations Act or case law.
- Application to the facts – the law is applied to the facts of the problem.
- Conclusion
- What have the cases and this course taught you about franchising and small businesses in relation to business law?
Make sure you cite at least six (6) peer-reviewed sources
SOLUTION
Franchise Business Case:
In a franchise business case, the franchisor is the party being sued, and the franchisee is the party filing the suit. The franchisor may be sued for breach of contract, misrepresentation, or failure to provide adequate support to the franchisee. In some cases, the franchisor may be sued for unfair business practices, such as requiring the purchase of supplies or equipment from a specific supplier, or charging excessive fees.
The financial damages in a franchise business case can include both actual and potential damages. Actual damages may include lost profits, while potential damages may include the loss of future profits due to the franchisor’s actions. In some cases, punitive damages may also be awarded.
If the franchisor is found to have infringed on the franchisee’s rights, they may be required to pay financial restitution. This can include the payment of damages, as well as changes to the franchise agreement to ensure that the franchisee’s rights are protected in the future.
Legal Issues Case:
In a legal issues case, the parties involved can vary depending on the nature of the case. For example, in a contract dispute, both parties to the contract may file suit against each other. In a personal injury case, the injured party may file suit against the party responsible for their injuries.
The financial damages in a legal issues case can also include both actual and potential damages. Actual damages may include medical expenses, lost wages, and property damage. Potential damages may include future medical expenses and lost earnings capacity.
The ability of the alleged infringing party to make financial restitution in a legal issues case can vary. If the party has insurance, the insurance company may be responsible for paying damages. If the party does not have insurance, they may be required to pay out of pocket or face legal consequences, such as wage garnishment or seizure of assets.
Overall, while the parties involved and specific damages can vary between a franchise business case and a legal issues case, both can have significant financial consequences for those involved, and the ability to make financial restitution may also vary depending on the circumstances of the case.
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