- Published: September 16, 2022
- Updated: September 16, 2022
- University / College: Washington State University
- Language: English
- Downloads: 13
Summary
Franchise is an authorization granted to an individual or group (the franchisee) that fundamentally grants him or her the right utilize the proprietor’s trademarks, knowledge and processes for the purpose of selling a product or offering service under the name of the franchisor (Alon, 2006).
Article summary: An Exploration of the Legal Meaning of Franchising
Considering that there is no definite definition or rather meaning attached to the word franchise, the article (Spencer, 2013) explores the statutory and the legal definitions related to the word franchising. This article essentially focuses on the many meanings attached to franchising within the jurisdictions of law and further interprets the meaning derived depending on the ways in which the franchisee relies on the franchisor’s business, policies, operations and systems. Additionally the article further explores and retrieve ways in which the existing definitions of the same fail to adequately incorporate essential element when defining a franchise.
Relation between the Articles
The article (Baena, 2013) essentially seeks to explore ways in which market conditions and franchise chain characteristics impacts entry options of internationals franchisors. This article relates to (Spencer, 2013) in that, while (Spencer, 2013) offers the meaning to the word franchise, (Baena, 2013) explores ways in which franchising acts as a factor when making an entry mode decision.
In Fernández et. al 2013, the related study explores the motivation behind franchise chain growth and the extent under which franchising chooses the extent of franchisee ownership. This article is related to (Spencer, 2013) in that, they both define the degree of legal ownership granted to the franchisee.
In the article (Garg, et al., 2013), the related study explores the role of franchising that is often overlooked when developing a competitive advantage. It fundamentally explores meaningful cost drivers that relates to franchising. This article relates to (Spencer, 2013) in that franchising is viewed in both the two articles as a factor in developing a competitive advantage.
In (Anderson, 2013), the article explains and profoundly explores the many lawsuits related to franchising. (Anderson, 2013), and (Spencer, 2013) are related in that, they both explore the legal issues related to franchising and how it affects the franchiser and the franchisee.
References
Alon, I. (2006). Service franchising: A global perspective. New York: Springer
Science+Business Media.
Anderson, C., YatchaK, J. J., & Gilbert, S. S. (2013). FRANCHISING (& DISTRIBUTION)
CURRENTS. Franchise Law Journal, 32(4), 252-259.
Baena, V. (2013). Insights on International Franchising: Entry Mode Decision. Latin
American Business Review, 14(1), 1-27. doi: 10. 1080/10978526. 2013. 780453
Fernández B, González-Busto B, Castaño Y. The Dynamics of Growth in Franchising.
Garg, V. K., Priem, R. L., & Rasheed, A. A. (2013). A Theoretical Explanation of the Cost
Advantages of Multi-unit Franchising. Journal Of Marketing Channels, 20(1/2), 52-72. doi: 10. 1080/1046669X. 2013. 747859
Spencer, E. (2013). An Exploration of the Legal Meaning of Franchising. Journal Of
Marketing Channels, 20(1/2), 25-51. doi: 10. 1080/1046669X. 2013. 747858