Classy Antique Motels is a chain of older motels most of which were originally built in the 1950s and 1960s.The idea is to distinguish these older motels from the many older motels that have become "run-down" or "seedy." Each motel retains it original name and sign,but has an additional sign that says,"Member of Classy Antique Motels." One of the chain's slogans is,"Stay at original motels,often with the original owners." The franchisor provides group marketing and management assistance in exchange for an initial fee to become part of the chain,and a continuing fee based on gross revenues.One of the franchisee motel owners allowed the conditions at his motel to deteriorate to the point that it is now a popular location for illicit drug transactions.A guest was injured from gunfire arising out of a drug deal at the motel.Can the guest recover from the franchisor?
A) yes, because franchisors are generally liable for the torts of franchisees
B) yes, because each motel is an actual agent of the franchisor
C) yes, because the motel is the apparent agent of the franchisor
D) no, because the conduct in this situation does not create an agency arrangement
E) no, because franchisors cannot be held liable for a franchisee's tort, unless the franchisor actively participated in the tort
Correct Answer:
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