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.
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.
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|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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