Good faith and fair dealing: on both sides of the border and virtually everywhere

Article Abstract:

The authors analyze various litigation disputes between franchisor and franchisees in Canada and the US. Difficulties in defining the term franchise are discussed, along with wrongful and good cause terminations, vicarious liability, and tortious interference.

Canada, Comparative analysis, Good faith (Law)

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Arbitration (and more)

Article Abstract:

The authors survey a number of arbitration law cases. Topics include trademark infringement, noncompete covenants, antitrust law, encroachment and tortious interference, class actions, termination and nonrenewal, and vicarious liability.

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

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Who owns goodwill at the franchised location?

Article Abstract:

Issues regarding the ownership of goodwill at a franchised location are discussed. Franchisors must compensate a nonrenewed or terminated franchisee for the fair market value of the formerly franchised business under several state laws, and sometimes this expressly includes goodwill. Whether to distinguish trademark goodwill from local goodwill is also part of the valuation.

Laws, regulations and rules, Goodwill (Business)

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