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Franchisee responsible for wrongful misuse of data by its employee but franchisor rights let down by poor contract wording – MMP v Antal, High Court

25 May 2011 | Paul Gershlick

Antal and MMP entered into a franchise agreement for MMP to operate a recruitment agency as one of Antal’s franchisees. One of MMP’s employees had a relationship with one of the candidates whom she...

Tags on this discussion: agreement agreements breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contracts data data controller data protection data protection act data protection directive data subject data theft employ employee Employees employer employeres Employment Employment issues franchise agreement franchisee Franchising franchisor fundamental breach material breach misuse of data personal data renounce renunciation repudiatory breach sensitive personal data serious breach test for repudiatory breach unauthorised

Court refuses to sever offending wording in restrictive covenant clause if it affected another clause – Francotyp-Postalia v Whitehead, High Court

13 March 2011 | Paul Gershlick

The franchisor and franchisee had restrictive covenants on the franchisee after termination. In order to be enforceable, restrictive covenants have to be reasonable as to duration, area and content. If...

Tags on this discussion: agreement agreements area blue pencil test breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts duration franchise agreement franchisee Franchising franchisor High Court non-compete non-solicitation reasonable reasonableness restrictive covenant Restrictive Covenants severability term termination unenforceable unreasonable

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

20 April 2010 | Mark Weston

This case concerned MGB’s purchase of one of Kall Kwik’s existing printing services franchises. In doing so, MGB asked Kall Kwik about the cost of re-fitting, which Kall Kwik advised that it should...

Tags on this discussion: breach of contract contract contract law contracts disclaimer exclusion of liability franchise agreement franchisee Franchising franchisor High Court loss loss of profits negligence tort

Latest news and views tagged Franchising

Franchisee responsible for wrongful misuse of data by its employee but franchisor rights let down by poor contract wording – MMP v Antal, High Court

Court refuses to sever offending wording in restrictive covenant clause if it affected another clause – Francotyp-Postalia v Whitehead, High Court

Franchisor liable for negligent advice to franchisee despite disclaimers and exclusions of liability – MGB Printing v Kall Kwik, High Court

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