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current state of franchise law and related concepts such as the franchisor's or franchisee's goodwill are still underdeveloped … treatment of goodwill upon termination of the franchisor-franchisee relationship. The Article argues for reforms, such as … mandated pilot units prior to franchising. Most importantly, this Article proposes the adoption of a presumption favoring …
Persistent link: https://www.econbiz.de/10012870953
, including franchising, to North Korea. Economic liberalization and enhanced foreign capital, investment, and franchising can be …
Persistent link: https://www.econbiz.de/10014361078
The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call for a review of regulations governing Europe’s...
Persistent link: https://www.econbiz.de/10013214733
franchisees from opportunism. However, these laws have been criticized for being harmful to the franchising sector as they … goodwill recoupment. Under the proposed approach, once a franchise comes to an end, the franchisee would be entitled to a … payment for its goodwill. The payment does not depend on the franchisor's wrongdoing; if and to the extent that a franchisee …
Persistent link: https://www.econbiz.de/10012950205
in the franchising context, this article incorporates a survey of franchisees; it provides empirical evidence of the …
Persistent link: https://www.econbiz.de/10012865812
Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement. This Article studies common...
Persistent link: https://www.econbiz.de/10013289467
In Mac's Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010), the Supreme Court held that a service station franchisee pursuing a claim of constructive termination against the franchisor must, under the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (1978), abandon the...
Persistent link: https://www.econbiz.de/10012909041
The framework for a successful franchise relationship governs procedures, performance, and standards. The franchisor agrees to lend, in effect, its intellectual property and guidance, among other things, in exchange for the franchisee’s royalties and other payments. Before entering into an...
Persistent link: https://www.econbiz.de/10013296694
This paper outlines a wide range of new protections extended to franchisees in Manitoba under The Franchises Act (2010). The act explicitly extends five key protections to individuals entering into franchise agreements with a franchisor, including the duty of fair dealing, the right to...
Persistent link: https://www.econbiz.de/10012913066
franchising waters. A survey conducted for this Article seems to indicate there is a psychological deterrent to procuring the … the regulation of franchising substance to state law. In summary, this Article presents some possibilities for promoting …
Persistent link: https://www.econbiz.de/10013221372