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Franchisor failure : an assessment of the adequacy of regulatory response

Buchan, Jennifer Mary (2010) Franchisor failure : an assessment of the adequacy of regulatory response. PhD thesis, Queensland University of Technology.

Abstract

Franchisor failure is one of the most problematic areas of the franchise relationship. It impacts negatively on landlords and other suppliers, but the contracting parties that are currently without legal rights to respond when a franchisor fails, and thus without consumer protection, are its franchisees. In this thesis I explore the current contractual, regulatory and commercial environment that franchisees inhabit, within the context of franchisor failure. I conclude that ex ante there are opportunities to level the playing field through consumer protection legislation. I also conclude that the task is not one solely for the consumer protection legislation; the problem should also be addressed ex post through the Corporations Act.

Impact and interest:

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ID Code: 39027
Item Type: QUT Thesis (PhD)
Supervisor: Corones, Stephen& Dixon, William
Keywords: administration, asymmetry, Australia, bankruptcy, benchmark, best practice regulation, business consumer, consumer protection, contracts, Corporations Act 2001 (Cth), cost benefit, disclaim, disclosure, due diligence, education, executory contract, exploitative contract, fail, franchise agreement, franchisee, Franchising Code of Conduct, franchisor, incomplete contract, insolvency, ipso facto clause, lease, liquidator, onerous contract, policy, premises, receivership, regulation, relational contract, Retail Leases Act 1995 (NSW), remedies, stakeholder, standard form contract, Trade Marks Act 1995 (Cth), Trade Practices Act 1974 (Cth), unconscionable conduct, winding up
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Institution: Queensland University of Technology
Deposited On: 06 Dec 2010 10:38
Last Modified: 29 Oct 2011 06:00

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