Monthly archives: November 2016

Posted on November 11, 2016

INTRODUCTION The concept of vicarious liability in the franchise context has most frequently arisen in connection with injuries on the franchisee’s premises when the customer harmed sues both the franchisee and the franchisor. However, the vicarious liability concept can also be found in other areas directly affecting franchisors. The purpose of this paper is to Read more →

Posted on November 11, 2016

WHERE TO DRAW THE LINE–IS YOUR FRANCHISE AGREEMENT AN UNCONSCIONABLE, ILLUSORY CONTRACT?* I. INTRODUCTION Franchise agreements have appropriately been characterized as long-term, relational contracts.1 In the course of these agreements, it appears–to paraphrase Benjamin Franklin’s comment about “death and taxes”–that nothing “can be said to be certain, except” change and conflict. Change in the manner Read more →

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