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.
Other messages
Director’s liability at franchisor?
Director's liability at franchisor?
Interim termination (franchise) agreement
On 3 February last, the 's-Hertogenbosch Court of Appeal ruled in a case that may also be relevant for franchise practice.
Disclosure obligation versus obligation to investigate when purchasing a franchise company, Who bears the risk?
Disclosure obligation versus obligation to investigate when purchasing a franchise company, Who bears the risk?
Termination of a Franchise Agreement
Franchise agreements are usually concluded for a specific period of time.
Gathering evidence in franchising relationships
Gathering factual evidence is sometimes one of the biggest challenges in litigation between a franchisee and a franchisor.
Is a personal guarantee or joint and several valid?
Is a personal guarantee or joint and several valid?