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
Competing without a non-competition clause?
The franchise non-compete obligation remains a source of dispute.
Non-competition clause set aside; big consequences
Non-competition clause set aside; big consequences
Judgment association of franchisees versus franchisor regarding the roll-out of an alternative franchise formula
Judgment association of franchisees versus franchisor regarding the roll-out of an alternative franchise formula
Continuation of operation, despite substantial backlog of franchise fee?
Can the franchisee continue to operate despite a significant franchise fee payment arrears?
Infringement of non-competition clause, where is the limit?
In this matter, a former freelancer of massage parlor Doctor Feelgood started his own massage parlor under the name Feelgood-store.
Research into numbers of franchise procedures
We recently published a brief survey of franchise jurisprudence over the past six years on the website.