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Tasty Wings LLC wants to present information in "disclosure documents" via the Internet to prospective franchisees. Among other legal requirements with which the franchisor must comply, prospective franchisees must


A) agree to settle any lawsuits that may arise over the documents.
B) be able to download or save all electronic documents.
C) provide e-mail addresses for Savory Wraps to verify users' authenticity.
D) register with the Federal Trade Commission via Savory Wraps' website.

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

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Resort Gift Shop is operated as a partnership, with five partners. Shan has a one-third interest in the firm. Each of the other partners has a one-sixth interest. Thieu is the senior partner. With respect to management decisions


A) a majority of the partners must agree.
B) Shan rules.
C) Thieu decides.
D) unanimous consent is required.

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

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Obie operates Pizza Palace. Obie hires Qua to take and fill customers' orders at an hourly wage of $15.00, plus tips. Obie and Qua are


A) not partners, because Qua does not have an ownership interest or management rights in Pizza Palace.
B) not partners, because the pay includes an hourly wage.
C) not partners, because the pay includes tips.
D) partners in a partnership.

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

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Ling owns and operates Metro Delivery Service as a sole proprietorship. When she dies, the business will automatically


A) dissolve.
B) transfer to Ling's heirs.
C) reform with its employees as the owners.
D) transfer to its creditors.

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

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


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 Anton the first Burgers franchise in Centre City.

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

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In a sole proprietorship, the owner is not the business.

A) True
B) False

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Sol and Thom agree to form a partnership to sell real property. To be enforceable, their agreement must be


A) filed in the appropriate state office.
B) in writing.
C) signed by a witness.
D) all of the choices.

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

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As a practical matter, trade secrets must not be divulged to a business's key employees.

A) True
B) False

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The Franchise Rule does not require a franchisor to make any disclosures to prospective franchisees but what is disclosed must be material and informative.

A) True
B) False

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Oscar is a partner in Party Caterers. Oscar's death will


A) dissolve the partnership.
B) breach the partnership agreement.
C) dissociate the partner from the firm.
D) wind up the business.

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

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When there is no formal, written partnership agreement, an agreement to form a partnership is unenforceable.

A) True
B) False

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Anyone who wishes to do business must first create a separate business organization.

A) True
B) False

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Sean buys a franchise from Taco Mission Inc. This relationship, like all other franchise relationships, is governed by


A) contract law.
B) all of the choices.
C) the federal Franchise Rule.
D) applicable state law.

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

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A single person carrying on a business for profit, with control over its operation, can constitute a partnership.

A) True
B) False

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Vera is one of three partners in Waffles Food Truck. Concerning all aspects of the partnership business, Vera is entitled to information


A) on a complete basis.
B) only on an "as needed" basis.
C) only for a reasonable purpose.
D) only related to the partner's capital contribution.

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

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Because a franchisor's termination of a franchise can adversely affect a franchisee, much franchise litigation involves claims of wrongful termination.

A) True
B) False

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Maeve sells New Energy, a sole proprietorship that makes and sells solar panels, to Olaf. This is


A) the establishment of a franchise.
B) the creation of a partnership.
C) none of the choices-a sole proprietorship cannot be sold.
D) a transfer of the ownership of the business.

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

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Lazlo owns and operates Market Place, a venue for growers, crafters, and others to sell their goods, without creating a separate business organization. He receives all the profits from the vendors' fees and concession sales. This is most likely


A) a partnership.
B) a franchise.
C) a sole proprietorship.
D) none of the choices.

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

Correct Answer

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Riki contracts to buy a franchise from Sushi Inc. In this contract, as in most franchise contracts, the determination of the territory to be served is made by


A) other Sushi franchisees within the same state.
B) Riki.
C) Sushi.
D) Sushi customers.

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

Correct Answer

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Bhat and Cho do business as Data Security, a partnership. In most states, for the purposes of collecting judgments and having accounting performed, this firm would be treated as


A) a combination of individuals.
B) a proprietorship.
C) an independent entity.
D) an aggregate.

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

Correct Answer

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