Business Franchise Law (Carolina Academic Press Law Casebook Series): Cases and Materials
Although franchising has become one of the most common means of operating and expanding businesses, relatively few lawyers are prepared to counsel or represent clients in franchise transactions or disputes. While traditional contract law contemplates reducing a fixed agreement to black and white, the franchise relationship (albeit documented by a contract) is necessarily organic and amorphous. The franchisor must be able to grow and adapt its business over time and thereby cause its...
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Although franchising has become one of the most common means of operating and expanding businesses, relatively few lawyers are prepared to counsel or represent clients in franchise transactions or disputes. While traditional contract law contemplates reducing a fixed agreement to black and white, the franchise relationship (albeit documented by a contract) is necessarily organic and amorphous. The franchisor must be able to grow and adapt its business over time and thereby cause its franchisees to adapt.This book is primarily a compilation of short stories found in entertaining and severely edited cases, most of which include as their protagonists a franchisor or a franchisee. Schneider and Nye have chosen cases not primarily for their precedential value, but rather for their effective explanations of the law, the policy behind the law, and the stories behind the policy behind the law. This book is designed for a semester course on franchise law without any prerequisites. Nevertheless, even students with a background in trademark law, anti-trust, contracts, and civil procedure will find that the chapters on those subjects enhance, rather than review, their earlier studies.
Table of CasesPrefaceAcknowledgmentsCh. IIntroduction to Business Franchising3AThe Franchise Relationship3BRelated Legal Relationships4CFranchise Regulation: Statutory Framework4Ch. IIWhat's in a Name? Legal Definitions of "Franchise"9AFTC Definition9BState Definitions15Ch. IIIThe Hallmark of a Franchise: The Trademark41AThe Fundamentals of Trademark Law41BTrademarks and the Internet54CTrademark Rights Beyond the U.S. Border63DTrade Dress75ETrademark Remedies91Ch. IVGoverning the Franchise Relationship Part 1: Franchise Relationship and Termination Statutes99AGood Cause for Termination100BRenewals of Franchises123CEncroachment140DNotices of Termination and Nonrenewal144ETransfers of the Franchises152FRepurchase and Compensation Obligations of Franchisor161GFranchisor's Discrimination among Franchisees167HRemedies for Violations of Relationship Laws168Ch. VGoverning the Franchise Relationship Part 2: The Contract and Common Law197AStatutory Preemption of Contract Terms197BProvisions Prohibiting Transfers198CArbitration Provisions204DForum Selection Provisions216EJurisdiction and Choice of Law233FRights of First Refusal242GEncroachment245HIntegration Clauses267Ch. VIDisclosure and Registration Requirements277Ch. VIIIndustry-Specific Statutes Part 1: Automobiles and Petroleum Marketing315AAutomobile Franchise Dealer Laws315BMotor Fuel Franchise Dealer Laws331Ch. VIIIIndustry-Specific Statutes Part 2: Other Business Areas343AFarm and Industrial Equipment Franchise Dealer Laws343BAlcoholic Beverages and Beer Franchise Dealer Laws354CRecreational Vehicles, Motor Homes and Motorcycles373DNonalcoholic Beverages and Soft Drink Industries385Ch. IXAnti-Trust and Price Discrimination Issues391ATying Arrangements392BVertical Restraints - Price Fixing424CPrice Discrimination429DNon-Price Vertical Restraints443Ch. XVicarious Liability451App. AThe FTC Rule471App. BUniform Franchise Offering Circular - 1993 Guidelines483Index545
