Claims against a franchisor upon an unreasonable withholding of consent to franchise transfer
Article Abstract:
Five major causes of action are available to franchisees and potential franchisees when franchisors unreasonably withhold consent to franchise transfers. These causes of action include breach of contract, tortious interference with contract, breach of the covenant of good faith and fair dealing, and those based upon federal antitrust laws and state statutes. Legal advisors to franchisees should insure that contractual language supports breach of contract claims.
Publication Name: The Journal of Corporation Law
Subject: Law
ISSN: 0360-795X
Year: 1997
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Divorce liens under section 522(f) of the federal Bankruptcy Code
Article Abstract:
Reform is needed to avoid judicial liens for divorce settlements under Bankruptcy Code section 522(f) when bankruptcy proceedings occur. Courts have used inconsistent methods to avoid liens, so two types of reform are needed. One solution is federal legislation to clarify section 522(f). Also, the courts should employ a 'substance theory' to guide decisions.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1992
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