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Revisiting agency theory in franchising law in Malaysia

Franchising being developed from a hybrid body of laws including agency. Applying the qualitative approach by means of inductive reasoning, this article aims at exploring the limits of agency theory in relation to franchising in Malaysia by the method of historical approach. The elements of franchis...

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Main Authors: Mohd Ishan, Zahira, Abdullah, Farhan
Format: Article
Published: TextRoad Publication 2015
Online Access:http://psasir.upm.edu.my/id/eprint/35270/
http://www.textroad.com/JBASR-January,%202015.html
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spelling my.upm.eprints.352702015-12-31T04:44:47Z http://psasir.upm.edu.my/id/eprint/35270/ Revisiting agency theory in franchising law in Malaysia Mohd Ishan, Zahira Abdullah, Farhan Franchising being developed from a hybrid body of laws including agency. Applying the qualitative approach by means of inductive reasoning, this article aims at exploring the limits of agency theory in relation to franchising in Malaysia by the method of historical approach. The elements of franchisors' controls, often lead to the debates of whether franchisors are principals to their franchisees and whether their relationship is fiduciary in nature or at an arm's length. The former issue is common in a third party claim on franchisor's liability over the act done by his franchisee. The latter issue is common in the day-today relationship of the franchisor and his franchisees. On September 20, 2012, the Malaysian Parliament amended the Malaysian Franchise Act 1998 (effective 1st January 2013) which has gone through a number of changes, some of them notable. With statutory intervention, the finding shows that the agency theory may have a very limited role in the national franchise industry. TextRoad Publication 2015-01 Article PeerReviewed Mohd Ishan, Zahira and Abdullah, Farhan (2015) Revisiting agency theory in franchising law in Malaysia. Journal of Basic and Applied Scientific Research (JBASR), 5 (1). pp. 79-85. ISSN 2090-4304; ESSN: 2090-424X http://www.textroad.com/JBASR-January,%202015.html
institution Universiti Putra Malaysia
building UPM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Putra Malaysia
content_source UPM Institutional Repository
url_provider http://psasir.upm.edu.my/
description Franchising being developed from a hybrid body of laws including agency. Applying the qualitative approach by means of inductive reasoning, this article aims at exploring the limits of agency theory in relation to franchising in Malaysia by the method of historical approach. The elements of franchisors' controls, often lead to the debates of whether franchisors are principals to their franchisees and whether their relationship is fiduciary in nature or at an arm's length. The former issue is common in a third party claim on franchisor's liability over the act done by his franchisee. The latter issue is common in the day-today relationship of the franchisor and his franchisees. On September 20, 2012, the Malaysian Parliament amended the Malaysian Franchise Act 1998 (effective 1st January 2013) which has gone through a number of changes, some of them notable. With statutory intervention, the finding shows that the agency theory may have a very limited role in the national franchise industry.
format Article
author Mohd Ishan, Zahira
Abdullah, Farhan
spellingShingle Mohd Ishan, Zahira
Abdullah, Farhan
Revisiting agency theory in franchising law in Malaysia
author_facet Mohd Ishan, Zahira
Abdullah, Farhan
author_sort Mohd Ishan, Zahira
title Revisiting agency theory in franchising law in Malaysia
title_short Revisiting agency theory in franchising law in Malaysia
title_full Revisiting agency theory in franchising law in Malaysia
title_fullStr Revisiting agency theory in franchising law in Malaysia
title_full_unstemmed Revisiting agency theory in franchising law in Malaysia
title_sort revisiting agency theory in franchising law in malaysia
publisher TextRoad Publication
publishDate 2015
url http://psasir.upm.edu.my/id/eprint/35270/
http://www.textroad.com/JBASR-January,%202015.html
_version_ 1643831403727552512
score 13.211869

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