The limits of agency theory in the law of franchising
This paper aims to point the limits of using agency theory in issues relating to franchising despite franchising being developed from a hybrid body of laws including agency. It applies the qualitative approach by means of inductive reasoning using the historical research method. Franchising as a bus...
| Main Authors: | , |
|---|---|
| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2008
|
| Subjects: | |
| Online Access: | http://psasir.upm.edu.my/id/eprint/8559/ |
| _version_ | 1848840902580109312 |
|---|---|
| author | Mohd Ishan, Zahira S. M. Hussain, Shaik Mohd Noor Alam |
| author_facet | Mohd Ishan, Zahira S. M. Hussain, Shaik Mohd Noor Alam |
| author_sort | Mohd Ishan, Zahira |
| building | UPM Institutional Repository |
| collection | Online Access |
| description | This paper aims to point the limits of using agency theory in issues relating to franchising despite franchising being developed from a hybrid body of laws including agency. It applies the qualitative approach by means of inductive reasoning using the historical research method. Franchising as a business method is a unique and relatively new area of commercial law. The elements of franchisors’ controls, however, lead to the debates of whether franchisors are principals to their franchisees and whether their relationship is fiduciary in nature or at an arm’s length. The former issue is common in a third party claim on franchisor’s liability over the act done by his franchisee. The latter issue is common in the day-to-day relationship of the franchisor and his franchisees. The solutions for these issues, however, should not lie on the agency theory but to the law of franchising of its own. |
| first_indexed | 2025-11-15T07:34:43Z |
| format | Conference or Workshop Item |
| id | upm-8559 |
| institution | Universiti Putra Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T07:34:43Z |
| publishDate | 2008 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | upm-85592010-12-01T00:47:35Z http://psasir.upm.edu.my/id/eprint/8559/ The limits of agency theory in the law of franchising Mohd Ishan, Zahira S. M. Hussain, Shaik Mohd Noor Alam This paper aims to point the limits of using agency theory in issues relating to franchising despite franchising being developed from a hybrid body of laws including agency. It applies the qualitative approach by means of inductive reasoning using the historical research method. Franchising as a business method is a unique and relatively new area of commercial law. The elements of franchisors’ controls, however, lead to the debates of whether franchisors are principals to their franchisees and whether their relationship is fiduciary in nature or at an arm’s length. The former issue is common in a third party claim on franchisor’s liability over the act done by his franchisee. The latter issue is common in the day-to-day relationship of the franchisor and his franchisees. The solutions for these issues, however, should not lie on the agency theory but to the law of franchising of its own. 2008 Conference or Workshop Item NonPeerReviewed Mohd Ishan, Zahira and S. M. Hussain, Shaik Mohd Noor Alam (2008) The limits of agency theory in the law of franchising. In: 8th Annual Hawaii International Conference on Business, 22-25 May 2008, Honolulu, Hawaii. (pp. 1-5). (Unpublished) Franchises (Retail trade) - Law and legislation English |
| spellingShingle | Franchises (Retail trade) - Law and legislation Mohd Ishan, Zahira S. M. Hussain, Shaik Mohd Noor Alam The limits of agency theory in the law of franchising |
| title | The limits of agency theory in the law of franchising |
| title_full | The limits of agency theory in the law of franchising |
| title_fullStr | The limits of agency theory in the law of franchising |
| title_full_unstemmed | The limits of agency theory in the law of franchising |
| title_short | The limits of agency theory in the law of franchising |
| title_sort | limits of agency theory in the law of franchising |
| topic | Franchises (Retail trade) - Law and legislation |
| url | http://psasir.upm.edu.my/id/eprint/8559/ |