Compliance with the ADA: the assault on franchising

Article Abstract:

Franchisors maintain a separate independent economic relationship from their franchisees and therefore are not liable for franchisees' noncompliance with the American with Disabilities Act (ADA). The 1995 Fifth Circuit Neff ruling holds franchisors are not liable for failure to comply with Title III barrier removal requirements, which are the responsibility of franchise owners and lessees. Since franchisors' control design and construction for trade dress reasons, they should protect themselves by reviewing new construction plans for ADA compliance or by ensuring franchisees understand their compliance responsibilities.

Administration of Urban Planning and Community and Rural Development, Handicapped Persons Access, Access for the disabled

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Uncertain state of the law

Article Abstract:

The authors discuss the potential franchisor liability for franchisee acts under sections 302 and 303 of the Americans with Disabilities Act. Analysis of inconsistent case law on the issue is included.

Analysis, Liability (Law), Legal liability, Agency (Law)

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Good faith and fair dealing

Article Abstract:

A number of court cases examining the concept of an implied covenant of good faith and fair dealing in franchise law are outlined.

Good faith (Law)

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