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.
Other messages
Prohibited Franchise Agreements: Conduct of Franchisees Among Others
Forms of franchising that do not involve a vertical relationship between the franchisor on the one hand and the franchisees on the other may be prohibited.
Formula change not justified – dated October 23, 2018 – mr. AW Dolphin
Formula change not justified
A new franchisor against will and thanks
Mergers between franchise organizations are no longer an exception. Multivlaai/Limburgia, DA/DIO, Emté/Jumbo are recent examples of this.
Supreme Court: Code of Honor regarding franchising has no legal effect – dated September 25, 2018 – mr. AW Dolphin
Supreme Court: Code of honor on franchising has no legal force
Franchisor wrongly hinders internet sales by franchisee – dated September 19, 2018 – mr. AW Dolphin
Franchisor wrongly hinders internet sales by franchisee
If your franchisor is your competitor
Franchising aims at cooperation. The franchisor should assist the franchisee in achieving mutual benefit from the operation of the formula. Sometimes this gets out of balance.