When a franchisor sought a number of court orders to enforce a franchise agreement against a franchisee whose agreement had been cancelled, the franchisor succeeded in some of its claims on the facts. The franchisor failed to enforce a term in the franchise agreement according to which, on termination for whatsoever reason, the equipment, fittings
Why a franchisor should conduct anti-bribery & corruption due diligence on franchisees
When supplying an independent owner with the right to use an established business, a trade name, trademark, proprietary business knowledge and business system, it is essential for a franchisor to conduct a comprehensive background due diligence on that proposed owner.
South Africa has
In March 2021, the Supreme Court of Appeal (SCA) handed down judgment with two important findings regarding a bank’s obligations to a third party, namely: