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A franchisee ordinarily does not pay a fee for a franchise license (the privilege of being granted a franchise).

A) True
B) False

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A number of states require franchisors to provide presale disclosures to prospective franchisees.

A) True
B) False

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Haute Dogs, Inc., sells a franchise to Irene's Cuisine, a lunch truck. Irene's Cuisine is​


A) ​a franchisee.
B) ​a franchisor.
C) ​a partner.
D) ​a principal.

E) B) and C)
F) C) and D)

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Fong contracts to buy a franchise from Genuine Asian Sushi House Company. In this contract, as in most franchise contracts, the determination of the territory to be served is made by


A) ​other Genuine Asian franchisees within the same state.
B) ​Fong.
C) ​Genuine Asian Sushi House.
D) ​the Federal Trade Commission.

E) A) and D)
F) A) and B)

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Ken owns and operates Living Earth Garden Shop as a sole proprietorship. When Ken dies, Living Earth will automatically


A) ​dissolve.
B) ​pass to Ken's heirs.
C) ​pass to the state.
D) ​be offered for sale to its creditors and competitors.

E) A) and B)
F) A) and C)

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A

Nina, the owner of Organic Farm, a sole proprietorship, wants to obtain additional capital to operate. This can be accomplished by


A) ​a bank loan.
B) ​a Small Business Administration Loan.
C) ​a state grant.
D) ​any of the choices.

E) A) and C)
F) A) and B)

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A sole proprietor does not own the entire business.

A) True
B) False

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False

Flynn buys a Greasy Burger, Inc., franchise. Greasy requires that its franchisees buy its products exclusively for every phase of their operations. Because Flynn wishes to buy less expensive products, he challenges the requirement. His best argument is probably that the requirement violates


A) ​the implied covenant of good faith and fair dealing.
B) ​the Federal Trade Commission's Franchise Rule.
C) ​federal antitrust laws.
D) ​the franchisor's marketing image.

E) All of the above
F) B) and C)

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Cathy buys an exclusive territory in which she is authorized to set up a plant to make Delite Dairy products. After receiving the recipes, Cathy begins making Evie's-brand yogurt and other Delite products. This is


A) ​a chain-style franchise.
B) ​a distributorship franchise.
C) ​a manufacturing franchise.
D) ​not a franchise.

E) B) and D)
F) A) and D)

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Most franchise contracts provide that notice of termination must be given.

A) True
B) False

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Oberon buys a Pro Club Health & Fitness, Inc., franchise, which the franchisor later terminates. In determining whether the termination was proper, a court will generally


A) ​balance the rights of both parties.
B) ​emphasize the right of Pro Club to its business operation.
C) ​focus on the right of Oberon to be dealt with fairly.
D) ​underscore the interest of consumers in affordability.

E) All of the above
F) C) and D)

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Frank enters into an agreement with Grab n' Eat Burgers, Inc., to operate a franchise in Homeville. Later, the franchisor grants franchises to others within the same territory, causing Frank to suffer a significant loss in profits. In Frank's suit against the franchisor, his best argument is that Grab n' Eat


A) ​violated the antitrust laws.
B) ​violated the implied covenant of good faith and fair dealing.
C) ​violated the Federal Trade Commission's Franchise Rule.
D) ​granted Frank the first Grab n' Eat franchise in Homeville.

E) A) and D)
F) B) and D)

Correct Answer

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Del owns Everlast Painting, a sole proprietorship. Del's liability is


A) ​limited by state statute and varies from state to state.
B) ​limited to the extent of capital expenditures.
C) ​limited to the extent of his or her original investment.
D) ​unlimited.

E) A) and D)
F) B) and C)

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In choosing a form of business organization for a new enterprise, important factors include tax considerations.

A) True
B) False

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True

Fact Pattern 36-1​ Jumbo Juice Inc. offers entrepreneurs the opportunity to operate a franchise under the Jumbo Juice trade name as a member of a select group of dealers that engage in retail juice sales. -Refer to Fact Pattern 36-1. Before a franchise contract is signed, Jumbo Juice must explain


A) ​the contract's termination provisions.
B) ​the nature and operation of a franchise.
C) ​the laws governing franchising.
D) all of the choices.

E) B) and D)
F) None of the above

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State regulation of franchising is often aimed at protecting franchisees from unfair practices.

A) True
B) False

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The franchise agreement may specify whether the premises for the business must be leased or purchased outright.

A) True
B) False

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The laws governing franchising are primarily designed to protect franchisors from dishonest franchisees.

A) True
B) False

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Anyone who does business must create a separate business organization.

A) True
B) False

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State deceptive trade practices acts apply to actions by franchisors.

A) True
B) False

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