Nice weather as an excuse?
Legal discussions are regularly held about the question of whether disappointing visitor numbers in a (new) shopping center can be blamed on the lessor. Recently some statements have been made in this regard. These statements are important because estimates of visitor numbers may form part of forecasts as made available to the franchisee by the franchisor. The culpability can therefore extend to the franchisor and is therefore not limited to the operator of the shopping centre.
Whether disappointing visitor numbers in a (new) shopping center can be blamed depends very much on the facts and circumstances of the case. In concrete terms, this means that the lessor and/or the franchisor may indeed be liable if the figures presented turned out to be unrealistic afterwards.
An independent research obligation of the prospective tenant/franchisee is of course important in this respect. As a professional counterparty, the necessary may be expected of him in this regard. However, if a shopping center provides very clear figures that are also decisive for entering into the final rental agreement, then this can indeed be decisive. It is also important to check to what extent the data of the shopping center has been taken into account in the final forecast and to what extent these data are decisive for any deviations found. In this context, a professional attitude from the franchisor may be expected. Generalities such as economic malaise or a buyers’ strike because of the warm weather are therefore not valid.
Ludwig & Van Dam franchise attorneys, franchise legal advice
![](https://ludwigvandam.megaconcept.nl/wp-content/uploads/2020/12/232court-min-400x222.jpg)
Other messages
Franchisee may purchase a range of foreign products after mandatory formula change – June 6, 2019 – mr. JAJ Devilee
The District Court of East Brabant recently dealt with an important matter in preliminary relief proceedings in which a franchisee was completely involuntarily forced to adopt an alternative formula.
How do I keep my location? – June 6, 2019 – mr. K. Bastian
Location is of great importance to franchisors and franchisees, especially in the retail sector.
Supermarket letter – 25
Supermarket Newsletter No. 25
The benchmark for franchise forecasts – dated 29 May 2019 – mr. AW Dolphin
On 19 March 2019, the Den Bosch Court of Appeal, ECLI:NL:GHSHE:2019:1037, listed the case law of the Supreme Court on prognosis in franchising.
Franchise arbitration: too high a threshold? – mr. M. Munnik
When entering into an agreement, it is possible for the parties - contrary to the law - to designate a competent court. This also applies to the franchise agreement. Of this possibility
Franchise appeal for error due to incorrect forecasts and lack of support rejected – dated April 25, 2019 – mr. K. Bastian
The Court of Appeal of 's-Hertogenbosch ruled (ECLI:NL:GHSHE:2019:697) on the question whether the mere fact that forecasts did not materialize justifies the conclusion that the franchisee has been shortchanged...