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

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Overview

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.

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Product Details

Table of Contents

Table of Cases
Preface
Acknowledgments
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
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