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
No compensation of goodwill in franchise agreements? – January 28, 2016 – mr. AW Dolphin
No compensation of goodwill in franchise agreements?
Supermarket letter – 12
Court of East Brabant issues (interim) judgment in long-running conflict of the Van De Huijgevoort brothers against Jumbo
Non-compete clause too broad? – January 12, 2016 – mr. RCWL Albers
Non-compete clause too broad?
Non-compete clause too broad?
Franchisors have usually invested heavily in the development of their formula.
Article in Entrance: “How do I break it open?” (The fine print of a contract) – mr. AW Dolphin – January 2016
Article in Entrance: "How do I break it open?" (The fine print of a contract)
Franchisors take note: accountability for forecast issued – December 28, 2015 – mr. AW Dolphin
Franchisors beware: accountability for issued forecast