Mularchuk, 10211 5. Food Caterers, Inc., had a franchise with Chicken Delight, I
ID: 422232 • Letter: M
Question
Mularchuk, 10211 5. Food Caterers, Inc., had a franchise with Chicken Delight, Inc. Carfiro by Food Caterers to deliver hot chicken beari the trademark "Chicken Delight." Whil delivery, Carfiro was involved in an accident tha killed McLaughlin. In a suit naming Chicken De light, the franchiser, as defendant, the McLa estate argued that Carfiro was an agent of Chicken Delight, because Carfiro was acting for the benefit of the company. There was no evidence, however that Carfiro was hired, paid, instructed by, or even known by Chicken Delight. The decision was for whom, and why? [See: Estate of McLaughlin v Chicken Delight, Inc., 321 A.2d 456 (CT).) was employed making a While llint ChilliExplanation / Answer
Franchisor is the party granting the right and franchisee is the party buying the right. Generally, franchisor faces law suitable because of franchisee mistakes because public do not know difference between these two parties but court know that variation and rights. Franchisee is an independent contractor, there is no agency relationship between them and franchisee only responsible for its day to day operations and employee mistakes
Here Food Caterers Inc is franchisee and Chicken Delight Inc is franchisor. So, Food Caterers should face this lawsuit and it should answer to McLaughlin estate
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