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Closing the door on efforts to create a franchisor duty of competence

Article Abstract:

Case law has generally refused to recognize a duty of care in a franchisor's relationship with its franchisees. Several bills introduced in Congress have attempted to legislate this, but none have become law. There is no need for such a duty and it would be too difficult to specifically define in legislation.

Author: Williams, Michael C., Berry, Douglas C., Byers, David M.
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2003
Evaluation, Duty of care (Law)

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"Community of interest": clarity or confusion?

Article Abstract:

Definitions of "franchise" differ across state laws. Many states require a "community of interest" for a business relationship to be considered a franchise, but there is no common meaning for this term. State legislation and case law have produced different interpretations of "community of interest."

Author: Fittante, Joseph J., Jr.
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2003
Interpretation and construction

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Subjects list: Laws, regulations and rules, Government regulation, Commercial law, Franchises
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