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Franchise

Legal Definition and Related Resources of Franchise

Meaning of Franchise

In commercial usage , the term denotes some right , privilege , license or monopoly granted to a person called the franchise holder to enable him to carry on some business . It is, in this context, created by contract between parties . Originally, it meant a royal privilege or branch of King’s prerogative subsisting in the hands of a subject . These included such rights as the right to be incorporated; to hold a fair or market ; the right to take tolls at bridges, wharfs, etc.

Franchise Alternative Definition

A special privilege conferred by government on individuals, and which does not belong to the citizens of the country generally by common right. Ansell & A. Corp. § 4. A particular privilege conferred by grant from government, and vested in individuals. 3 Kent, Comm. 458. A branch of the king’s prerogative subsisting in the hands of a subject. Finch, Law, lib. 2, c. 14; 2 Sharswood, Bl. Comm. 37. In a popular sense, the word seems to be synonymous with “right” or “privilege”; as, the elective franchise. And it is commonly applied to those powers exercised by virtue of a grant of privilege. “To be a corporation is a franchise. The various powers conferred on corporations are franchises. The execution of a policy of insurance by an insurance company, and the issuance of a bank note by an incorporated bank, are franchises.” 15 Johns. (N. Y.) 387. “The term [franchise] must be always considered in connection with the corporation or property to which it is supposed to appertain.” 93 U. S. 223.

Synonyms of Franchise

(License), noun

  • allowance
  • assent
  • authorization
  • charter
  • concession
  • consent
  • dispensation
  • droit
  • exemption
  • favor
  • grace
  • grant
  • immunity
  • indulgence
  • leave
  • monopoly
  • pass
  • permission
  • permit
  • prerogative
  • privilege
  • recognition
  • right
  • sanction
  • sufferance
  • tolerance Associated Concepts: corporate franchise
  • federal franchise
  • franchise tax
  • grant of a franchise
  • irrevocable franchise
  • license
  • municipal franchise
  • perpetual franchises
  • personal franchise
  • public franchise
  • secondary franchise
  • special franchise

(Right to vote), noun

  • ballot
  • choice
  • discretion
  • enfranchisement
  • freedom of choice
  • liberty of choice
  • liberty to vote
  • option
  • prerogative
  • privilege
  • right of choice
  • right of representation
  • suffrage
  • vote
  • voting power

Related Entries of Franchise in the Encyclopedia of Law Project

Browse or run a search for Franchise in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Franchise in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Franchise in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Franchise in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Certificate Of Stock, Disfranchise, Disturbance, Indirect Tax, Liberty, Qualify, Quo Warranto, Reform Acts.

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Resource Description
Franchise in the Dictionary Franchise in our legal dictionaries
Browse the Legal Thesaurus Find synonyms and related words of Franchise
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Related topics Franchise in the World Encyclopedia of Law

Notice

This definition of Franchise is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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Franchise in Law Enforcement

Main Entry: Law Enforcement in the Legal Dic
tionary
. This section provides, in the context of Law Enforcement, a partial definition of franchise.

Grammar

This term is a noun.

Etimology of Franchise

(You may find franchise at the world legal encyclopedia and the etimology of more terms).

c. 1300, fraunchise, “a special right or privilege (by grant of a sovereign or government);” also “national sovereignty; nobility of character, generosity; the king’s authority; the collective rights claimed by a people or town or religious institution,” also used of the state of Adam and Eve before the Fall, from Old French franchise “freedom, exemption; right, privilege” (12c.), from variant stem of franc “free” (see frank (adj.)). From late 14c. as “freedom; not being in servitude; social status of a freeman;” early 15c. as “citizenship, membership in a community or town; membership in a craft or guild.” The “special right” sense narrowed 18c. to “particular legal privilege,” then “right to vote” (1790). From mid-15c. as “right to buy or sell,” also “right to exclude others from buying or selling, a monopoly;” meaning “authorization by a company to sell its products or services” is from 1959.

Resources

See Also

  • Law Enforcement Officer
  • Police Work
  • Law Enforcement Agency

Further Reading

English Legal System: Franchise

In the context of the English law, A Dictionary of Law provides the following legal concept of Franchise :

1. (in constitutional law) A special right conferred by the Crown on a subject. Also known as a liberty, it is exemplified by the right to hold a market or fair or to run a ferry.

2. (in constitutional law) The right to vote at an electio To qualify to vote at a parliamentary or local-government election, a person must be a *commonwealth citizen or a citizen of the Republic of Ireland, must be aged 18 or over, must be shown on the register of electors governing the election (See elector) as resident on the qualifying date in the parliamentary constituency or local government area concerned, and must not be subject to any legal incapacity to vote. Those incapacitated are peers and peeresses in their own right (for parliamentary elections only, and not including peers of Ireland), persons serving sentences of imprisonment, persons convicted during the preceding five years of certain offences relating to elections or to the bribery of public officials, and persons who are incapable of understanding the nature of their acts.

3. (in commercial law) A licence given to a manufacturer, distributor, trader, etc., to enable them to manufacture or sell a named product or service in a particular area for a stated period. The holder of the licence (franchisee) usually pays the grantor of the licence (franchisor) a royalty on sales, often with a lump sum as an advance against royalties. The franchisor may also supply the franchisee with a brand identity as well as finance and technical expertise. Franchises are common in the fast -food business, petrol stations, travel agents, etc. A franchise contract in the EU must comply with regulation 4087/88, which sets out which provisions are permitted and which are banned under EU *competition law.

Franchise Definition (in the Accounting Vocabulary)

The New York State Society of Certified Public Accountants offers the following definition of Franchise in a way that is easy for anybody to understand: Legal arrangement whereby the owner of a trade name, franchisor, contracts with a party that wants to use the name on a non-exclusive basis to sell goods or services, franchisee. Frequently, the franchise agreement grants strict supervisory powers to the franchisor over the franchisee which, nevertheless, is an independent business.

Concept of Franchise in the context of Real Property

Alternatives definitions of Franchise: (1) A statutory right which could not be exercised in the absence of the statute, such as the statutes enabling persons to form a corporation. Since a corporation is created by the statute, it could not be formed except by the grant of the legislature. (2) A combination of individual ownership and central control. One may own a fast food restaurant, hotel, hardware store, etc., yet use the name of a national company. Each individual owner pays for the name use, advertising, and may be required to make certain purchases (napkins, buns, etc.) from the national company. The individual benefits from the name and advertising. The real estate brokerage business was slow to use the franchise method, but now has many companies operating in this manner.

Concept of Franchise in the context of Real Property

Alternatives definitions of Franchise: (1) A statutory right which could not be exercised in the absence of the statute, such as the statutes enabling persons to form a corporation. Since a corporation is created by the statute, it could not be formed except by the grant of the legislature. (2) A combination of individual ownership and central control. One may own a fast food restaurant, hotel, hardware store, etc., yet use the name of a national company. Each individual owner pays for the name use, advertising, and may be required to make certain purchases (napkins, buns, etc.) from the national company. The individual benefits from the name and advertising. The real estate brokerage business was slow to use the franchise method, but now has many companies operating in this manner.

What is the meaning of Franchise?

A definition of Franchise is provided here: The right to use a specific business ™s name and sell its products or services in a given territory.

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