Business Franchise Law (Carolina Academic Press Law Casebook Series): Cases and Materials

Hardcover (Print)
Used and New from Other Sellers
Used and New from Other Sellers
from $146.60
Usually ships in 1-2 business days
Other sellers (Hardcover)
  • All (1) from $146.60   
  • New (1) from $146.60   
Sort by
Page 1 of 1
Showing All
Note: Marketplace items are not eligible for any coupons and promotions
Seller since 2011

Feedback rating:



New — never opened or used in original packaging.

Like New — packaging may have been opened. A "Like New" item is suitable to give as a gift.

Very Good — may have minor signs of wear on packaging but item works perfectly and has no damage.

Good — item is in good condition but packaging may have signs of shelf wear/aging or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Acceptable — item is in working order but may show signs of wear such as scratches or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Used — An item that has been opened and may show signs of wear. All specific defects should be noted in the Comments section associated with each item.

Refurbished — A used item that has been renewed or updated and verified to be in proper working condition. Not necessarily completed by the original manufacturer.

Brand new and unread! Join our growing list of satisfied customers!

Ships from: Phoenix, MD

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
Page 1 of 1
Showing All
Sort by


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.

Read More Show Less

Product Details

Table of Contents

Table of Cases
Ch. I Introduction to Business Franchising 3
A The Franchise Relationship 3
B Related Legal Relationships 4
C Franchise Regulation: Statutory Framework 4
Ch. II What's in a Name? Legal Definitions of "Franchise" 9
A FTC Definition 9
B State Definitions 15
Ch. III The Hallmark of a Franchise: The Trademark 41
A The Fundamentals of Trademark Law 41
B Trademarks and the Internet 54
C Trademark Rights Beyond the U.S. Border 63
D Trade Dress 75
E Trademark Remedies 91
Ch. IV Governing the Franchise Relationship Part 1: Franchise Relationship and Termination Statutes 99
A Good Cause for Termination 100
B Renewals of Franchises 123
C Encroachment 140
D Notices of Termination and Nonrenewal 144
E Transfers of the Franchises 152
F Repurchase and Compensation Obligations of Franchisor 161
G Franchisor's Discrimination among Franchisees 167
H Remedies for Violations of Relationship Laws 168
Ch. V Governing the Franchise Relationship Part 2: The Contract and Common Law 197
A Statutory Preemption of Contract Terms 197
B Provisions Prohibiting Transfers 198
C Arbitration Provisions 204
D Forum Selection Provisions 216
E Jurisdiction and Choice of Law 233
F Rights of First Refusal 242
G Encroachment 245
H Integration Clauses 267
Ch. VI Disclosure and Registration Requirements 277
Ch. VII Industry-Specific Statutes Part 1: Automobiles and Petroleum Marketing 315
A Automobile Franchise Dealer Laws 315
B Motor Fuel Franchise Dealer Laws 331
Ch. VIII Industry-Specific Statutes Part 2: Other Business Areas 343
A Farm and Industrial Equipment Franchise Dealer Laws 343
B Alcoholic Beverages and Beer Franchise Dealer Laws 354
C Recreational Vehicles, Motor Homes and Motorcycles 373
D Nonalcoholic Beverages and Soft Drink Industries 385
Ch. IX Anti-Trust and Price Discrimination Issues 391
A Tying Arrangements 392
B Vertical Restraints - Price Fixing 424
C Price Discrimination 429
D Non-Price Vertical Restraints 443
Ch. X Vicarious Liability 451
App. A The FTC Rule 471
App. B Uniform Franchise Offering Circular - 1993 Guidelines 483
Index 545
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Terms of Use.
  • - Barnes & reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)