Compliance with the ADA: the assault on franchising
Article Abstract:
Franchisors maintain a separate independent economic relationship from their franchisees and therefore are not liable for franchisees' noncompliance with the American with Disabilities Act (ADA). The 1995 Fifth Circuit Neff ruling holds franchisors are not liable for failure to comply with Title III barrier removal requirements, which are the responsibility of franchise owners and lessees. Since franchisors' control design and construction for trade dress reasons, they should protect themselves by reviewing new construction plans for ADA compliance or by ensuring franchisees understand their compliance responsibilities.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1996
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Uncertain state of the law
Article Abstract:
The authors discuss the potential franchisor liability for franchisee acts under sections 302 and 303 of the Americans with Disabilities Act. Analysis of inconsistent case law on the issue is included.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2000
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Good faith and fair dealing
Article Abstract:
A number of court cases examining the concept of an implied covenant of good faith and fair dealing in franchise law are outlined.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1999
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