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High Court says businesses can only claim loss of value if they are no longer in business – MMP GmbH V Antal International Network Limited, High Court

2 June 2011 | Simon Weinberg

The High Court has ruled that, when suing for breach of contract, a company can only make a claim for damages based on loss of value if it has been put out of business by the breach. Otherwise, normal...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consequential loss contract contract breach contract law contract termination contracts direct loss Employees Employers franchise franchise agreement franchisee franchisor heads of damages heads of loss High Court indirect loss loss loss of business loss of contracts loss of goodwill loss of profits loss of revenue loss of value losses

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

Restrictive covenant was justified to protect franchisor’s know-how – Pirtek v Joinplace, High Court

14 July 2010 | Mark Weston

P had granted a 10 year franchise agreement to X. Following the termination of the agreement, the franchisee and others were involved in competing with P’s business. P alleged that this was in breach...

Tags on this discussion: breach breach of contract Chapter I Prohibition Competition Act competition law contract contract law contracts franchise agreement franchisee franchisor High Court injunction restraint of trade restrictive covenant Restrictive Covenants

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 franchisor

High Court says businesses can only claim loss of value if they are no longer in business – MMP GmbH V Antal International Network Limited, High Court

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

Restrictive covenant was justified to protect franchisor’s know-how – Pirtek v Joinplace, 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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