Auckland district law society presentation on common disputes in franchising, 31 August 2016

Outline of presentation

1. Terminating the franchise agreement

1.1 Establishing the ability to terminate
1.2 Exercise of a contractual discretion – does the franchisor have to observe good faith when exercising its contractual power to terminate?
1.3 Practical concerns – getting your ducks in a row.

2. Compulsory mediation clauses.

3. Enforcing the post termination provisions of the franchise agreement – restraint of trade clauses.

4. Complaints about the quality of the services provided by the franchisor.

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