Law:

Section:

(a) Contract Act (IX of 1872)--­-S. 202---Franchise---Definition. Franchise is defined as "a privilege granted or sold, such as to use a name or to sell products or service. The right given by a manufacturer or supplier to a retailer to use his product and name on terms and conditions mutually agreed upon." In its simplest terms, a franchise is a licence from owner of trademark or trade name permitting another to sell a product or to serve under that name or mark. Precisely this definition is more akin to a licence rather than an agency. Black's Law Dictionary 6th Edn., p.658 ref. (b) Contract--- --Nature of agreement---Determination of---Headings or the captions of the agreement cannot exclusively determine the nature of a contract yet the various clauses thereof would be material in determining the real nature of the agreement. (c) Contract--- ----Agreement between the parties defined the role of parties where was purchaser of goods while P was the seller thereof---Prima facie there appeared to be a relationship of seller and buyer between the parties. (d) Contract Act (IX of 1872)---Ss. 182 & 211---"Agent" and "principal"---Agent is appointed by a principal to do any act for the principal or to represent the principal in dealings with the third person--­Agreement between the parties made it clear that B while dealing with third persons did not represent P, but after purchasing the goods from P, B were engaged in a business which was purely their own and the returns thereof were completely enjoyed by them---All the losses as well as the profits being that of B and not capable of being shared by P except for the sale of goods of which the price was fixed and duly paid to P by B, in terms of the provisions of Ss. 182 & 211 Contract Act, 1872, prima facie the agreement between the parties did not constitute an "Agency". (e) Contract Act (IX of 1872)--- ----S. 211---Provision of S. 211 Contract Act, 1872 presupposes the belonging of the business to the principal while the conduct thereof to the agent. (f) Contract Act (IX of 1872)--- ----S.213---Agent's account---Agent is bound to render proper accounts to his principal on demand. (g) Contract Act (IX of…

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