"Control" in franchising and the common law

Article Abstract:

The authors discuss the application of common law vicarious liability principles and the standard of "control" to the franchise relationship They conclude that courts should be cognizant of the standardization of franchises for business purposes and application of the common law control standard without this knowledge may result in excessive franchisor liability.

Interpretation and construction, Common law

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Enforcing contract terms designed to manage franchisor risk

Article Abstract:

The author discusses various contract provisions which franchisors may include in franchise agreements in anticipation of litigation. Mediation or arbitration, forum selection, choice of law, jury trial waiver, and limitation of damages clauses are discussed in the context of current law.

Planning, Risk management, Clauses (Law), Contract clauses

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Compliance drafting issues

Article Abstract:

The author discusses practical franchise contract drafting issues concerning franchisor liability for franchisee acts under sections 302 and 303 of the Americans with Disabilities Act.

Discrimination against disabled persons, Handicapped discrimination

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