franchisor's obligation to expose accurate and comprehensive pre-contractual information
نویسندگان
چکیده
unequal bargaining power of parties to a franchise contract and their unequal access to information that may be effective in determining the consideration of a contract; has caused different legal systems impose obligations to franchisor to poise the contractual balancing. commitment to expose accurate and comprehensive pre-contractual information about all aspects related to franchise is the most important obligation in order to achieve the above objective. judicial decisions of leading countries in franchising services show that an important part of contractual disputes related to this commitment. this article also analyzes purview and remedies of the violation of that obligation. in this regard, nullity, relative nullity and adaptation of contract are discussed. acceptable theory in iranian civil law is analyzed.
منابع مشابه
Legal Status of Pre-Contractual Liability
The discussion about the person's liability for the actions attributable to him before the stage of contracting is a new debate that has been attracted the attention of legal circles. According to this debate, the person’s freedom of contracting does not implement the person’s freedom to ignore the rights and interest of other party. As a result, it would be possible that contracting person con...
متن کاملThe Obligation to Know: Information and the Burdens of Citizenship
Contemporary persons are daily confronted with enormous quantities of information, some of which reveal causal connections between their actions and harm that is visited upon distant others. Given their limited cognitive and information processing capacities, persons cannot reasonably be expected to respond to every cry for help or call to action, but neither can they defensibly refuse to hear ...
متن کاملContractual Provisions to Mitigate Holdup: Evidence from Information Technology Outsourcing
T complexity and scope of outsourced information technology (IT) demands relationship-specific investments from vendors, which, when combined with contract incompleteness, may result in underinvestment and inefficient bargaining, referred to as the holdup problem. Using a unique data set of over 100 IT outsourcing contracts, we examine whether contract extensiveness, i.e., the extent to which f...
متن کاملopening offer or contractual obligation? on the prescriptive function of notation in music today
This article explores some of the diverse forms that musical notation has assumed in the early twenty-first century and discusses its use along a broad spectrum of creative intention, which includes visual representation of sounds, verbal lists of instructions or provocations, and much else. Drawing upon his own experience as a composer, and on studies of the work of composers both older and yo...
متن کاملthe obligation to disclose essential information in franchise agreement
the obligation to disclose essential information is important either in theoretical and practical approach. this means that in order to enjoy the necessary knowledge to achieve decision-making and formation of contract, the information that is effective to create legal consent should be revealed to the opposite side. in franchise agreement; violation of this obligation that is one of accessorie...
متن کاملمنابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۴۱، شماره ۳، صفحات ۲۰۱-۲۱۷
کلمات کلیدی
میزبانی شده توسط پلتفرم ابری doprax.com
copyright © 2015-2023