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)
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Settlement of receivables
Your debtor may be unable to meet his or her payment obligations towards you for various reasons.
Court ruling: fees can co-exist
Court ruling: fees can co-exist
Essential information in the start-up phase withheld by the franchisor compensation for franchisee
Essential information in the start-up phase withheld by the franchisor compensation for franchisee
The franchisee’s position with respect to pre-contractual forecasting
Some time ago, the court ruled that essential information was withheld from a prospective franchisee in the pre-contractual phase.
A recurring problem in operation: Forecasts not achieved
A recurring problem in operation: Forecasts not achieved
Franchisee sentenced to pay fine after violation of non-competition clause
The parties have entered into a franchise agreement which relates to assisting divorces. The franchise agreement is terminated by the franchisee.