Q&As

Do you have any case law on implied terms in franchise agreements and damages claims?

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Published on LexisPSL on 04/01/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Do you have any case law on implied terms in franchise agreements and damages claims?
  • Implied terms in contracts generally
  • Franchisor membership
  • Damages

Do you have any case law on implied terms in franchise agreements and damages claims?

Implied terms in contracts generally

We refer you to the Practice Note: Implied terms in contracts for goods and services which considers the terms implied by statute into contracts for either goods or services which will, to the extent relevant, apply to any supply of goods or services pursuant to the franchise agreement in question.

We also refer you to the Practice Note: Good faith in commercial agreements which examines the concept of good faith and the extent to which it is considered applicable to commercial agreements.

Although there is no implied duty of good faith in commercial agreements as a general rule, recent case law has stressed the importance of judicial consideration of the concept in contracts where a relational duty exists

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