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Burger King Corporation v. Hinton, Inc.: are lost future profits disappearing?

Article Abstract:

In the case of Burger King Corp. v. Hinton, Inc., the US District Court for the Southern District of Florida decided that a franchisor could not recover lost future profits damages from a francisee. Burger King Corporation had terminated a franchise agreement because of the franchisee's failure to pay franchise fees. Because Burger King initiated the termination, its claim for lost profit damages failed.

Author: Einhorn, Robert M.
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2003
Lost profits damages

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Market withdrawal: judges and juries aren't buying what terminated dealers are selling

Article Abstract:

When Volvo Construction Equipment North America, Inc. decided to terminate several franchises after a merger, it was sued by several of the franchisees. The suits claimed breach of contract and that Volvo had violated good faith principles, as well as state franchise laws. However, all of these suits have failed largely because the franchise contracts allowed such terminations.

Author: Lockerby, Michael J.
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2003
Construction equipment industry, Good faith (Law), Volvo Construction Equipment North America Inc.

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Some thoughts on settling franchise disputes

Article Abstract:

Most franchise suits end in settlement rather than litigation. There are seven basic factors that a litigant must consider in order to bring about a favorable settlement.

Author: Dunham, Edward Wood
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2003
Management dynamics, Editorial, Management, Compromise and settlement, Settlements (Law), Company business management

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Subjects list: Company legal issue, Cases, Laws, regulations and rules, Government regulation, Franchises, Breach of contract
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