Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal burden of proof in forecasts honored by court”
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+. Alex Dolphijn of Ludwig & Van Dam represents a franchisee in legal proceedings in which the franchisor has been convicted for the first time under the Acquisition Fraud Act. The court states that the franchisor must be able to demonstrate afterwards that the prognosis is correct. The position of franchisees has been greatly strengthened by this ruling. To be able to prove that a franchisor has its affairs in order, the franchisor must come from a good family, explain franchise attorneys Jeroen Sterk and Alex Dolphijn of Ludwig & Van Dam.
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Franchisor must take franchisee into account when determining transfer
A standard article in a franchise agreement is the so-called transfer arrangement.
Purchasing and purchase obligation right or wrong?
Purchasing and purchase obligation right or wrong?
The franchisee successfully appeals for error as a result of the forecast provided by the franchisor
The franchisee successfully appeals for error as a result of the forecast provided by the franchisor
Franchisor successfully invokes a post-contractual non-compete clause
The court in Maastricht was recently confronted with a case in which a franchisee had left the franchise formula prematurely.
The non-competition clause in the franchise agreement
A common clause in the franchise agreement is a so-called post-contractual non-compete clause.
Formula change by the franchisor is not automatically a ground for dissolution
A franchisee generally participates in a franchise formula for certain specific reasons.