Franchise in United States

Franchise 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.

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Legal Issue for Attorneys

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.

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

Practical Information

Note: Some of this information was last updated in 1982

Special privilege conferred by the government upon individuals. For example, a city may grant franchise to a local bus company that will give it sole authority to operate buses for: a certain number of years. Franchise also refers to the right given to a person or corporation to market another’s product: within a certain area. Thus, the owner of a McDonald’s franchise will have the exclusive right to open a McDonald’s restaurant in a given area. A franchise tax is imposed on corporations by most states and must be paid before a corporation can do business in the state.

(Revised by Ann De Vries)

What is Franchise?

For a meaning of it, read Franchise in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Franchise.

Extending a Franchise to the Internet through Licensing and the E-Commerce Law

Extending a Franchise to the Internet through Licensing and the Legal Aspects of E-Commerce

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