Addressing pre-sale disclosure
Article Abstract:
The FTC Franchise Rule and over half of the states require franchisors to initiate extensive pre-contract disclosure but do not require disclosure or correction of disclosure violations. However, once discovered, states provide varying remedies to litigating franchisees including rescission, damages, and attorneys' fees. The facts and circumstances surrounding the violation, the nature of the violation, and anticipated relational and legal repercussions must be considered on a case by case basis to determine whether and when the franchisor should disclose the violation.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1997
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Kodak's reach uncertain
Article Abstract:
Courts vary on whether the Supreme Court's ruling in Eastman Kodak Co. v. Image Technical Services means that franchise agreement sourcing restrictions stating that franchisees can only buy products from the franchisor or franchisor-approved sources constitute an illegal 'tie' or monopolization in violation of Sherman Act Sections 1 and 2. Kodak might not even apply to franchising, since sourcing restrictions are disclosed pre-contract in the prospectus and in the franchise agreement itself.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1998
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