Column Franchise+ – mr. Th.R. Ludwig: “Judge: franchisor’s duty of care comparable to that of a bank”
Various judgments in 2016 made it clear how high the standard of care for a franchisor towards its franchisees is.
In one of the relevant issues, the franchisees purchased from the franchisor, who in turn purchased the inventory from various suppliers, which was then delivered to the franchisees. The franchisor therefore pre-financed through these purchasing costs. This situation is very similar to direct supply by the franchisor in its capacity as supplier.
![232court-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/232court-min.jpg)
Other messages
The hardness of a non-competition clause in bankruptcy
Most franchise agreements contain post-contract non-competition clauses
E-mail traffic between franchisor and franchisee
If a discussion gets out of hand and a real conflict arises, can communication continue via email?
Turnover-related rent for franchisees
Increasingly, franchisor/landlord and franchisee/lessee are pursuing opportunity for a variety of reasons
Control and guidance
Situations occur with some regularity in practice in which a franchisee
Rental problems: a follow-up
Earlier in this section attention was paid to the possibilities for tenants of retail space in particular
Restyling, shopfitting
Within franchise organizations it often happens that the entire shop interior needs to be replaced.