The Regulation of Franchising in the New Global Economy
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The Regulation of Franchising in the New Global Economy

Elizabeth Crawford Spencer

While franchising promotes economic and social welfare objectives, Elizabeth Crawford Spencer argues that monitoring and regulation are needed to address potential areas of abuse of the form that can result in costly market inefficiencies.
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Chapter 5: Worldwide Survey of Franchise-specific Regulation

Elizabeth Crawford Spencer


5. Worldwide survey of franchisespecific regulation This chapter surveys each jurisdiction that has adopted franchise-specific legislation of which there are about thirty. It is important to keep in mind that this book addresses franchise-specific regulation only. It does not encompass all regulation that may apply such as laws governing commercial relationships generally, laws regulating intellectual property, competition law, and many other areas of the law that may impact or apply to franchising. This chapter reviews each country’s regulation. Each section begins with population and Gross Domestic Product (GDP) estimates and some information about the economic importance of franchising in that jurisdiction to provide context. Then franchising regulation is summarized according to two broad categories of regulatory measures. The first category includes measures directed toward negotiation and contract formation such as disclosure, registration and other legislation targeted toward pre-sales negotiation and contract formation. The second includes measures targeted toward performance and toward the end of the relationship, as well as measures that deal with dispute resolution. Also noted is the presence, if any, of a statutory requirement of good faith. REGULATION OF THE FRANCHISE SECTOR IN THE AMERICAS Barbados Barbados’ population is estimated at approximately 285 000 and its GDP is around US$3.6 billion.1 Barbados is a common law jurisdiction. The franchise sector is subject to the Franchises (Registration and Control) Act 1974 as amended, Cap 179A (the FRCA). The Act provides for the 1 and at10 January 2010. 133 M2454 - SPENCER TEXT.indd 133 17/11/2010 16:27 134 The...

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