"Control" in franchising and the common law
Article Abstract:
The authors discuss the application of common law vicarious liability principles and the standard of "control" to the franchise relationship They conclude that courts should be cognizant of the standardization of franchises for business purposes and application of the common law control standard without this knowledge may result in excessive franchisor liability.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2000
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Enforcing contract terms designed to manage franchisor risk
Article Abstract:
The author discusses various contract provisions which franchisors may include in franchise agreements in anticipation of litigation. Mediation or arbitration, forum selection, choice of law, jury trial waiver, and limitation of damages clauses are discussed in the context of current law.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2000
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Compliance drafting issues
Article Abstract:
The author discusses practical franchise contract drafting issues concerning franchisor liability for franchisee acts under sections 302 and 303 of the Americans with Disabilities Act.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 2000
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