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.
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Franchisees Op=Op lose lawsuit (ECLI:NL:RBNNE:2015:4271)
In many franchise formulas, especially in retail, the franchisor also acts as a wholesaler
Keep your cool with franchise agreement
Keep your cool with franchise agreement
Purchase obligation and competitive prices
On 9 September 2015, the District Court of the Northern Netherlands rendered a judgment on the question of whether a franchisor used market-based prices in the case of an exclusive purchase obligation.
The franchisor must demonstrate the correctness of the prognosis
The franchisor must demonstrate the correctness of the prognosis
Rules of the game for internet sales
On 21 July 2015, the 's-Hertogenbosch Court of Appeal ruled in a case involving a franchise agreement for a hairdressing supplies company.
Reasonable term for terminating the continuing performance contract
Reasonable term for terminating the continuing performance contract