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.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
Other messages
Structurally unsound revenue forecasts from the franchisor
On 15 March 2017, the District Court of Limburg ruled in eight similar judgments (including ECLI:NL:RBLIM:2017:2344) on the franchise agreements of various franchisees of the P3 franchise formula.
Franchisee obliged to cooperate with formula change?
On 24 March 2017, ECLI:NL:RBAMS:2017:1860, the preliminary relief judge of the Amsterdam District Court once again considered the issue in which Intertoys wishes to convert Bart Smit's stores
Delivery stop by franchisor not allowed
On 9 February 2017, the preliminary relief judge of the District Court of Gelderland, ECLI:NL:RBGEL:2017:1372, ruled that a franchisor had not fulfilled its obligation to supply the franchisee
Alex Dolphijn in the Financial Dagblad about the judgment of the Supreme Court regarding Street-One
Franchisors more liable for incorrect forecasts Franchisees can now more easily hold their parent organization liable for incorrect profit and turnover forecasts.
Supermarket letter – 17
Supreme Court: More quickly liable for forecasts
Article in Entrance: “Small print”
“When I do business with a supplier, I never read the fine print. Recently I noticed that there are all kinds of things in it that I actually do not agree with.