JUDGMENT

Mary Lim JC:

[1] This claim arises from a franchise arrangement between the parties. Franchising appears to be one of today's preferred methods of doing business. The term "franchise" of French origin has historical meaning related to voting rights but for the purpose of this case and in the context of modern day commerce, it refers to the "privilege or exceptional right, granted to person, corporation, etc.; right to market company's goods or services in particular area (see Reader's Digest Great Encyclopaedic Dictionary, Oxford University Press 1976). Almost any commodity or service can form the subject-matter of a franchise. From food to apparel, automobiles to petrol. Perhaps, the most popular of franchises must be the food industry of which the Malaysian market is replete with fast food examples like the burger chains of McDonald's and Burger King etc., pizza chains of Pizza Hut, Domino's Pizza etc., and more recently the evolvement of doughnut chains of Dunkin' Doughnut, J. Co, Big Apple, Krispy Kreems etc. The hotel industry which is the service franchised in this case is not excepted.

[2] One of the key elements and attractions of franchising is the ready availa