Consumer Protection Applies to Franchisee
The consumer enjoys broad protection on the basis of the Civil Code. Although freedom of contract is paramount within general contract law, this freedom is legally limited with regard to the consumer. The reason for this is that the consumer is seen as the relatively weaker party in relation to a business party. In the relationship between franchisor and franchisee, the franchisee is in some cases also seen as the relatively ‘weaker’ party, as a result of which the legal protection of the consumer also applies to the franchisee.
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mr. M. Munnik – franchise lawyer.
Ludwig & Van Dam attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl
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Article Franchise+ – “Recipient’s liability in a franchise context, what exactly is that about?” – mr. K. Bastiaans – dated November 24, 2020
The phenomenon of hirer's liability means that a third party can be held liable for the debts of another under certain conditions.
Franchisor liable for errors made by a franchisee? – mr. AW Dolphijn – dated November 23, 2020
A franchise organization asked the court to declare that the franchisor is not liable if a franchisee has made a serious mistake with a customer.
The Real Intentions of the Parties to a Franchise Agreement – Mr. C. Damen – dated November 23, 2020
What really was the idea of the parties when they concluded a franchise agreement?
Circumventing the prohibition of competition in the franchise agreement – mr. AW Dolphijn – dated November 10, 2020
A non-competition clause in a franchise agreement is often experienced as objectionable by franchisees, especially if the non-competition clause also applies after the franchise agreement has expired.
Article Franchise+ – “How do I get rid of my debts: Also for franchisees and franchisors” – mr. AW Dolphijn – dated October 20, 2020
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Article De Nationale Franchise Gids: “Reinvestment obligation for franchisees has limits” – dated October 13, 2020 – mr. RCWL Albers
In practice, it often happens that franchisors choose to renew their franchise formula and the appropriate image