Extremely detailed and well-structured course notes for CLAW2212 to promote an in-depth understanding of Franchising concepts. These notes elaborate on various case precedents for various core principles, clearly indicated throughout in a distinct colour for ease of reference. This is highly useful for assignment research and exam preparation and performance.

These notes are highly suitable for preparation for the two in-class exams during semester and for the individual research paper due at the end of semester

Course notes have been compiled from the lecturer’s detailed content and comments, tutorials, individual case research and various readings.

Covers the following topics in depth:
1. Development of Franchising and Business Format Franchising
2. Viability of Franchises, Network and Expansion Vehicles, Encroachment, Franchising Models and Evolution (Microfranchising, Social Franchising, Community Franchising, Flexible Franchising, Quasi-Franchising, Cobranding, Combination Franchising)
3. Franchise Agreement – Regulatory Issues (Information Imbalance, Power Imbalance, Loss of Independence), Prior Disclosure Laws
4. Franchising Code of Conduct – Franchise Agreement, Prior Disclosure Laws, Relationship and Conduct Laws, Dispute Resolution, Capital Expenditure and Marketing Fees, End of Term Arrangements
5. Misleading or Deceptive Conduct – Non-Disclosure, Future Predictions, Sales Projections and Earnings Information
6. Fairness Doctrines – Unconscionable Conduct, Unfair Contract Terms, Good Faith Obligation
6. Competition Law – Restrictive Trade Practices, Product Supply Restrictions (Third Line Forcing), Territorial and Pricing Restrictions (Exclusive Dealing, RPM, Price Fixing), IP Protection and Trade Secrets
7. Franchise Model Innovation
8. Franchisor / Franchisee Relationship – Relational Contract Theory
9. International Franchising and Challenges in Developing Nations
10. Fairness in Franchising Report 2019 Recommendations – Transparency and Accountability, Fairness and Protection, Education and Awareness, Retail Food Group Enquiry


Semester 2, 2019

96 pages

19,760 words



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