No Fair! Finding an Equitable Balance in Enforcement of Disclaimer Provisions in Franchise Agreements and Franchise Disclosure Documents

Conway, Erin E.
January 2014
Franchise Law Journal;Winter2014, Vol. 33 Issue 3, p323
Academic Journal
The article offers a summary of court cases addressing franchise agreement disclaimer provisions in the U.S. A brief overview of the comparative negligence doctrine in relation to franchising law is provided. The importance of implementing a balancing test to determine whether to enforce disclaimer provisions is emphasized.


Related Articles

  • A New Strategic IFA Initiative: The Franchise Action Network. FARAGE, ERICA // Franchising World;Sep2014, Vol. 46 Issue 9, p12 

    The article discusses the rationale behind the International Franchise Association (IFA) strategic initiative called the Franchise Action Network (FAN). Topics discussed include the objectives of FAN to educate key influencers and the public about the economic advantages provided by the...

  • Business labels. Andrew Scott, W. // ABA Journal;Dec93, Vol. 79 Issue 12, p86 

    Discusses franchise laws in the United States. Details; Implications; Compliance obligations; Criminal sanctions in the violation of these rules.

  • Good cause for franchise termination: An irreconcilable... Reynolds, Rose Marie // Brigham Young University Law Review;1992, Vol. 1992 Issue 3, p785 

    Examines the irreconcilable difference between franchise fault and franchisor market withdrawal in the United States. Role of franchising in the national economy reform; Information on a common law contract on franchising.

  • FRANCHISING IN THE UNITED ARAB EMIRATES. Briggs, Richard; Areghi, Armita // International Journal of Franchising Law;2009, Vol. 7 Issue 1, p5 

    The article discusses the franchising law regulation in the United Arab Emirates (UAE). It looks into the legislative framework of UAE and the additional issues that concern trademark protections, trade controls and enjoining of provisions. It notes that the UAE does not legislate and enforce...

  • When is a distributorship a franchise? Slavit, Howard C.; Kaye, Jonathan M. // Beverage Industry;Aug95, Vol. 86 Issue 8, p49 

    Apprises readers of the differences between the precise draft agreement of a franchise and distributorship in the context of the beverage industry. Application of the Federal Trade Commission's Franchise Rules to the agreements; Various kinds of draft agreements and their implications.

  • Rolling stock fleets capped.  // Rail Business Intelligence;1/27/2011, Issue 382, p6 

    The article reports that train operator franchising bids in Great Britain will be assessed on the quality of plans to manage overcrowding in trains, and would reintroduce "A Passengers In Excess of Capacity" measure in the franchising reform.

  • AUSTRALIAN FRANCHISING INQUIRIES CONCLUDE (FOR NOW…). Ward, Penny // International Journal of Franchising Law;2009, Vol. 7 Issue 1, p19 

    The article discusses the questions resolved on Australian franchising. It notes that more changes on the Code of Conduct on Australia's franchising may be made resulting from the regulation of franchising report by the Australian Federal Parliamentary Joint Committee on Corporations & Financial...

  • CLEARING THE AIR.  // Multichannel News;3/3/2008, Vol. 29 Issue 9, p2 

    Several corrections that were published in the 2008 issues are presented including "N.C. Franchise Law Helping…Incumbents" in the February 18 issue, "Pay Players' Hit List" in the February 25 issue and the incorrect identification of Bresnan Communications Inc. vice president (VP) of...

  • Dealer vs. VW's Planned Store. Gordon, Mac // Ward's Dealer Business;Jul2011, Vol. 45 Issue 7, p11 

    The article focuses on the dispute over the addition of a Volkswagen (VW) dealership in Montclair, California. The California New Motor Vehicle Board administrative law judge Marybelle D. Archibald upholds the establishment of the store. VW owners in Ontario claims that the proposed site for the...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics