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- Title
ARE FRANCHISEES WELL-INFORMED? REVISITING THE DEBATE OVER FRANCHISE RELATIONSHIP LAWS.
- Authors
Emerson, Robert W.; Benoliel, Uri
- Abstract
The most vital debate in the field of franchise contract law over the last few decades has focused on the following issue: Whether the law should protect franchisees against franchisor opportunism. Franchisor advocates suggest that franchisee protection laws, commonly known as "franchise relationship laws," are undesirable. Their opposition to such laws is based primarily on an assumption that franchisees consider all relevant information before signing a franchise contract and make a well-informed choice among the range of franchise alternatives available. In particular, prior to signing the contract, franchisees are assumed to have read the franchise disclosure documents made available to them, compare the various contracts and disclosure documents offered by different franchisors, and consult with a specialized franchise attorney regarding the terms of the franchise contract. Since franchisees consider all of the relevant information and make a well-informed decision, they do not deserve, according to franchisor advocates, any special legislative protection that would interfere with the franchisor-franchisee free-market relationship.
- Subjects
UNITED States; FRANCHISOR-franchisee relationships; SUFFRAGE; CONTRACTS; DISCLOSURE laws; FREE enterprise laws
- Publication
Albany Law Review, 2013, Vol 76, Issue 1, p193
- ISSN
0002-4678
- Publication type
Article