Between the franchisor’s diagnosis and forecasting duty
In the leading legal scientific journal WPNR, Mr. Dolphijn a contribution in which forecasts in franchise disputes are discussed.
With the Franchise Act, the legislator did not want to introduce a forecasting obligation, but an obligation to provide certain relevant available information to the intended franchisee in the pre-contractual phase. The intended franchisee must provide financial information for this purpose, which the franchisor must examine. One could speak of a duty of diagnosis on the part of the franchisor. This should be distinguished from a duty to forecast, but how big is this distinction?
The article is entitled “Between the diagnosis and forecasting obligation of the franchisor” and published in WPNR 7341 (2021) dated October 2, 2021 on p. 729 to 741 and can be ordered from the publisher via the following link: https:// wpnr-knb.sdu.nl/node/13635
Ludwig & Van Dam lawyers, franchise legal advice.
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