Day 139 - 21 Jun 95 - Page 07

     
     1        I suggest that you choose the specific example which you
     2        have in mind, and Mr. Stein can then give an answer, if he
     3        knows the answer, or say if he does not know what the
     4        answer is.
     5
     6   MR. MORRIS:  Yes.  I do not want to -----
     7
     8   MR. JUSTICE BELL:  Because it is very difficult to deal in
     9        generalities, firstly; and, secondly, I cannot be
    10        omniscient about what you may argue to me in the future
    11        McDonald's Corporation could have done something about,
    12        even though it was a franchisee or licensee who was
    13        responsible for what was happening on the ground.  Do you
    14        understand?
    15
    16   MR. MORRIS:  Yes, I understand.
    17
    18   MR. JUSTICE BELL:  So if you have a particular peccadillo, as it
    19        were, in mind, where the answer from McDonald's might be:
    20         "Well, that was down to the franchisee, not McDonald's
         Corporation", and you want to say, "Ah, yes, but you could
    22        have done something about it by threat of enforcement or a
    23        term of the franchise agreement", then put that peccadillo
    24        to him.
    25
    26   MR. MORRIS:  Yes.  I am trying to establish new grounds rules
    27        here.  It will not take very long now.
    28
    29        If we look at page -- it is un-numbered, but it is point 4
    30        on page 4, it is a section about the business manuals.
    31        That includes the operations manual, yes, the operations
    32        manuals that applies to every McDonald's store in the
    33        world; yes?
    34        A.  There are various operations manuals.
    35
    36   Q.   The main one that is 800 pages?  I do not know if we have a
    37        copy in court.  We can have a look at it.  Do you want to
    38        check?  It is called the Operations Manual, Operations and
    39        Training Manual?
    40        A.  There are many.  There is a US one.  Each country has
         their own operations manual.  You are going to have to be
    42        more specific.  I do not know what manual you are talking
    43        about.
    44
    45   Q.   Does every McDonald's restaurant in the world have an
    46        Operations and Training Manual?
    47        A.  I would think that each country has an Operations and
    48        Training Manual.
    49
    50   Q.   You do not know, then? 
    51        A.  If you are asking me if each and every restaurant has 
    52        one, I cannot say with any certainty that that is the 
    53        case.  I know that -----
    54
    55   Q.   They should have?
    56        A.  I would like them to have one.
    57
    58   Q.   In this agreement it says that it is a condition of the
    59        licence.
    60        A.  Well, that just proves what I said earlier.  I have no