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Permanent link (DOI): https://doi.org/10.7939/R38P5VM4G

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Breach of Good Faith in Performance of the Franchise Contract: Punitive Damages and Damages for Intangibles Open Access

Descriptions

Author or creator
O'Byrne, Shannon
Additional contributors
Subject/Keyword
Breach of contract -- Remedies
Exemplary damages -- Laws, regulations and rules
Good faith (Law) -- Laws, regulations and rules
Contract agreement
Government regulation
Franchises -- Contracts
Performance (Law) -- Laws, regulations and rules
Type of item
Journal Article (Published)
Language
english
Place
Time
Description
This paper explores case law concerning breach of good faith in the franchise contract. Given the relational nature of the franchise contract, the good faith term forbids the franchisor from exploiting the franchisee’s classic vulnerability. The paper also illustrates why the franchisor is more susceptible to an award of punitive damages. It concludes by making the novel argument that franchisees should be permitted to recover damages for mental distress and other intangibles resulting from breach of the good faith term.
Date created
2004
DOI
doi:10.7939/R38P5VM4G
License information
Rights
© 2004 Shannon O'Byrne. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
Citation for previous publication
O'Byrne, S., (2004). Breach of Good Faith in Performance of the Franchise Contract: Punitive Damages and Damages for Intangibles. Canadian Bar Review, 83(2), 431-471.
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