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338.821

Franchise Law in Canada

Auteur(s) :
Sugar, Stephanie
Éditeur :
LexisNexis
Année :
2019
Nombre de pages :
296
Type de reliure :
Hardcover
ISBN :
978-0-433-49494-2
Prix :
175,00 $
Format :
Papier

Table des matières  

Présentation

Franchise law is a broad and important practice area that has grown significantly over the past two decades. What used to be relatively parochial or reserved for dealing with large corporations has now entered the mainstream and is a much more common type of commercial relationship. However, reference materials on franchise law are limited– very few books on the topic focus on Canada, or, more specifically focus on the law emanating from the application and consideration of the statutory regimes now in force across Canada.  This text, Franchise Law in Canada, fills the need for a comprehensive and accessible resource that is academically and doctrinally minded.

 Breaking new ground

Franchise law in Canada is a thorough, portable, hardbound treatise that discusses the developed and developing principles of franchise law, considers the legal principles created by the statutory schemes, and explains how franchise law interacts and intersects with the common law. National in scope, this book is the perfect resource for both novice and seasoned franchise law practitioners as it provides an excellent and accessible overview of this evolving practice area and considers the range of possible approaches and interpretations.

 Features

  • Covers the history of franchise law, the aims and purpose of franchise legislation, essential components of the acts, and the relationship between common law and franchise law
  • Examines the franchise relationship by exploring the definition of “franchise,” key differences between the provincial regimes, the broad scope of “franchise agreements,” the parties to a franchise relationship, and exempt relationships and arrangements  
  • Discusses the extensive and onerous pre-contractual disclosure obligations, and in particular the question: what are “all material facts” that must be disclosed, and how are franchisors to decide?
  • Reviews the statutory duty of fair dealing and considers the extent to which the common law duty of good faith, which is expressly included in the statutory duty of fair dealing, is different or potentially broader – an ongoing subject of debate
  • Considers the franchisee’s right of association and the right of action for breaches, in light of the little judicial discussion and analysis about what the scope and content of the right is to date
  • Explores the franchisee’s broad statutory rights and remedies
  • Canvasses some contract interpretation issues in the area of entire agreement clauses and restrictive covenants as well as how courts have approached injunctions as a possible remedy

Franchise Law in Canada aims to become the go-to resource on franchise law that provides corporate/ commercial, litigation and franchise lawyers, in-house counsel, students, judges, franchisors and franchisees with the comprehensive, up-to-date information they need in navigating the statutory framework.

Également d’intérêt – Franchise



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