Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal of burden of proof in forecasts approved by court” – February 2018
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
Tenancy law and franchise: approval of deviating terms in the tenancy agreement, despite material infringement and the lack of an equal social position between the tenant and landlord
Tenancy law and franchise: approval of deviating clauses in the lease.
Business transfer franchisee: franchisor properly facilitates franchisee in settlement
On November 12, 2014, the District Court of Rotterdam ruled in a case between the franchisor and the franchisee about the lawfulness of the termination of the franchise agreement.
Franchising as urgent personal use
In a judgment dated 18 November 2014, the Court of Appeal in Den Bosch considered, among other things, whether a lessor may terminate the lease of business premises due to urgent personal use.
Can exclusion of error in forecasting benefit the franchisor?
Franchisors are often accused of failing before and when concluding a franchise agreement
Mistake about prognosis, annulment of non-compete clause?
Mistake about prognosis, annulment of non-compete clause?
Chapter in book NFV about import and export of franchise formulas, written by mr. Th.R. Ludwig
Chapter in book NFV about import and export of franchise formulas, written by mr. Th.R. Ludwig