Exam 26: Sole Proprietorships and Private Franchises

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Owen plans to open Owen's Pets Store,a pet sales and pet supplies outlet,and to hire Quimby and Ruth.Owen will invest only his own money.He does not expect to make any profit for at least two years and to make almost no profit for the first three years,but he hopes to expand eventually.Which form of business organization would be most appropriate? What are the chief characteristics,advantages,and disadvantages of this form of business organization? If Owen wants to obtain additional capital to expand the business,but does not want to lose control of the firm,what is his best option?

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When a business is relatively small and is not diversified,employs rela tively few people,has modest profits,and is not likely to ex pand sig nifi cantly or require extensive financing in the im me di ate fu ture,the most ap propriate form for do ing busi ness may be a sole proprie torship.A sole proprietorship is easier and less costly to start than other forms of business,because few legal forms are involved.The owner is free to make business decisions without consulting others.Taxes are paid on the business's in come as the owner's personal income.In a sole proprietorship,the owner and the business are the same.Anyone who creates a business without designating a specific form for its organization is doing business as a sole proprietorship.An advan tage of the sole proprietorship is its greater organizational flexibility over other forms of business organization.The owner can operate the enterprise without any formalities.A signifi cant disadvantage of this form of organization,however,is that unlike most other forms of business organization,there are no limits on the li ability of the owner for the debts and obligations of the firm.Another dis advantage of the sole proprietorship form can be the ability of a sole proprietor to raise capital while maintaining control and retaining the same form.This course may be lim ited chiefly to borrowing funds.Bringing in partners would convert the business to a partnership.Issuing stock would require incorporating or establishing another form of business.Selling the business would sacri fice all control.The only way to obtain additional business capital without accumulating it through business profit is by borrowing funds.

A state deceptive trade practice statute may limit the actions of franchisors.

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One of the advantages of a sole proprietorship is that the owner is not liable for the actions of the business.

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Jim organized,and owns and operates,Jim's Landscaping Service in the simplest form of business organization.This is

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Rita buys a Super Grill franchise.Super Grill requires that its franchisees buy its products for every phase of their operations.Because Rita wishes to buy less expensive products,she challenges the requirement.Her best argument is probably that the requirement violates

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A franchise is a form of business organization.

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Bob operated a pet grooming shop under a franchise agreement with Clean Pets Corp (CPC).The agreement allowed CPC to terminate the franchise if Bob was fined for cruelty to animals.After an investigation initiated by a customer complaint,Bob was fined for cruelty.CPC terminated the franchise.Bob filed a suit against CPC for wrongful termination.Based on the decision in Case 26.3,Chic Miller's Chevrolet,Inc.v.General Motors Corp.,the court will most likely rule in favor of

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Chicago Coca-Cola Bottling Company is

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Most fast-food chains are distributorships.

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Nico is interested in buying a franchise from Oz Inc.For Nico to make an informed decision concerning this purchase,Oz must disclose in writing or online

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A franchise exists when the owner of a trademark licenses its use to another party to sell goods or services.

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Comfort Wear,Inc.,a franchisor of shoe stores,wishes to standardize the pricing practices of its franchisees that have engaged in price-cutting to increase their respective shares of the market.The most prudent remedy might be for Comfort to

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Cal sells "DownSize," a weight-reduction program,from a Web site,in competition with Eat-Less Inc.'s product "Fit 'n Trim." Eat-Less files a suit against Cal,alleging in part that he is a sole proprietor,but his enterprise should be deemed a different form of business.Cal's enterprise should most likely be considered

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Carl sells Direct Marketing Enterprises,a sole proprietorship,to Erv.This is a transfer of

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Most franchise agreements provide that termination must be "for cause."

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A sole proprietorship is a separate legal entity for tax purposes.

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A sole proprietorship's income is taxed as the owner's personal income.

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CheezBurger Heaven,Inc.,conducts a chain-style franchise.This involves the transfer to Clive,one of its franchisees,of

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State law determines the duration of a franchise.

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In choosing a form of business organization for a new enterprise,important factors include the titles of the organization's officers.

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