Between the franchisor’s diagnosis and forecasting duty
In the leading legal scientific journal WPNR, Mr. Dolphijn a contribution in which forecasts in franchise disputes are discussed.
With the Franchise Act, the legislator did not want to introduce a forecasting obligation, but an obligation to provide certain relevant available information to the intended franchisee in the pre-contractual phase. The intended franchisee must provide financial information for this purpose, which the franchisor must examine. One could speak of a duty of diagnosis on the part of the franchisor. This should be distinguished from a duty to forecast, but how big is this distinction?
The article is entitled “Between the diagnosis and forecasting obligation of the franchisor” and published in WPNR 7341 (2021) dated October 2, 2021 on p. 729 to 741 and can be ordered from the publisher via the following link: https:// wpnr-knb.sdu.nl/node/13635
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
Other messages
Core obligations in the franchise relationship II
This is the second article in a short series on some core obligations in the relationship between franchisor and franchisee and how to handle them.
Core obligations in the franchise relationship
This is the first article in a short series on some core obligations in the relationship between franchisor and franchisee and how to deal with them.
Franchise Law
Franchise Law
Reducing the risk of fictitious employment
Recently, the new Minister of Social Affairs, De Geus, made the choice that he wants to put an end once and for all to the discussion whether there is self-employment or a
Bound by non-compete clause after expiration of the
The vast majority of franchise agreements contain a so-called post-contractual non-compete clause (hereinafter referred to as “non-competition clause” for brevity).
Severance schemes in the event of (premature) termination of the
Retirement schemes Franchise agreements and comparable cooperation agreements regularly include a regulation to the effect that the rights under that agreement