The parol evidence rule, though a venerable concept in contract law, remains a source of controversy. This key tenet of contract interpretation “bars extrinsic terms agreed upon prior to or at the same time as, a total integration regardless of whether the term is written or oral.” In other...

This Article reviews history and jurisprudence in order to examine American Magna Carta case law on due process, juries, and punishment. It details the treatment and impact of the Magna Carta in English history and the American colonies. The past of the Magna Carta is taken to the present: The...

Prospective franchisees often enter into the franchisor-franchisee relationship without truly knowing what they are getting into, leading to franchisee confusion, disappointment, and frustration. As a countermeasure, the FTC’s Franchise Rule compels pre-contract disclosures intended to foster...

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...

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...

Savoir faire is a fundamental concept in European distribution law, including franchising. Judges rely heavily on the application and interplay of the French Commercial Code, Civil Code, codes of deontology, and European Union regulations. Thus, a civil law franchise contract requires, inter...

Expert testimony is often tainted with accusations of bias and falsehood. A neutral factfinder, similar to the French huissier, could alleviate many of the problems posed by expert testimony in the American legal system. To demonstrate the effect a neutral factfinder may have, this Article...

This Article presents YUM! Brands, Inc. disclosure information and presents valuable insight into the risks of starting a business that shares intellectual property with another party. YUM! is the parent of entities such as KFC, Pizza Hut, and Taco Bell with locations around the world. YUM! is...

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...