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Franchise Law Discussion Questions ( Burger King v. Weaver ) Should Good Faith/Fair Dealing be an independent covenant or only apply to express parts of
Franchise Law
Discussion Questions
(Burger King v. Weaver)
- Should Good Faith/Fair Dealing be an independent covenant or only apply to express parts of contract? Which side usually prefers GF/FD to be an independent covenant?
- Why did the court disagree with the reasoning of the Scheck cases? Of how do the rights granted in a contract to the franchisee relate with the duty of the franchisor?
- Why were lost profits granted even though Weaver placed all money owed to BKC in escrow during the dispute/suspension of payments? What policy is furthered by this allowance?
- How, if possible, should the franchise agreement have been drafted so that Weaver could sue under Florida law for breach of GF/FD?
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Law Express Tort Law
Authors: Emily Finch, Stefan Fafinski
8th Edition
129229549X, 978-1292295497
