Column Franchise+ – mr. Th.R. Ludwig: “Judge: franchisor’s duty of care comparable to that of a bank”
Various judgments in 2016 made it clear how high the standard of care for a franchisor towards its franchisees is.
In one of the relevant issues, the franchisees purchased from the franchisor, who in turn purchased the inventory from various suppliers, which was then delivered to the franchisees. The franchisor therefore pre-financed through these purchasing costs. This situation is very similar to direct supply by the franchisor in its capacity as supplier.
Other messages
The duty of care of the franchisor is further specified in the context of the
In recent years, a large amount of jurisprudence has come to light regarding the non-achievement of the forecasts by the franchisee.
The bankrupt franchisor
In the current time of economic downturn, bankruptcies of companies are the order of the day.
The right of the franchisor to sell its franchise organization to a
Many franchise agreements contain a provision stating that the franchisor reserves the right
Locations on the move
There is a lot of construction going on in the Netherlands. New shopping centers are springing up here and there. Old ones are modernized and renovated.
Making changes by the franchisee to the
In addition to a franchise agreement, the franchisee has often also concluded a rental agreement with the franchisor.
Mandatory franchise council?
Not in all cases does the franchise agreement contain a reference to the franchise council or a comparable body.