Franchise encroachment law

Article Abstract:

The contractual language of the franchise agreement determines whether franchise encroachment has occurred. The implied covenant of good faith cannot be used to void or contradict the terms of the contract or add substantive terms to the parties' franchise agreement when it expressly gives the franchisor the right to enfranchise other parties to develop locations outside the expressly protected area of the agreement. Possible strategies for the franchisee if the franchisor is committed to developing or franchising a unit near the protected geographic territory are listed.

Unfair competition (Commerce), Unfair competition

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Charting courses in the debate over mandatory earnings claims

Article Abstract:

The proposed mandatory earnings disclosure rule of the Federal Trade Commission and the North American Securities Administrators Assn should include information which makes possible market-based evaluation of competing franchises. Useful considerations in shaping the rule are considered, including liability reform, policy goals and relevant experiences from securities regulation. Other issues include forward-looking disclosure, potential causes of action, disclosure of assumptions, disclaimers and liability standards.

Financial statements

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New regulations for Australian franchising

Article Abstract:

A new regulatory regime governing franchising arrangements in Australia that took effect in 1998 is discussed. Areas covered include the definition of franchise agreement, disclosure requirements, conditions of agreements, dispute resolution and mediation.

Australia, Other Justice, Public Order, and Safety Activities, Franchise Law, Commercial law

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