Handbook of Research on Franchising
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Handbook of Research on Franchising

Edited by Frank Hoy, Rozenn Perrigot and Andrew Terry

Franchising is one of the major engines of business expansion and job creation globally. The Handbook of Research on Franchising offers new insights into entrepreneurial behavior, organizational forms, regulation, internationalization, and other contemporary issues relating to this dynamic business strategy. The Handbook challenges both practitioners and scholars to give attention to the conclusions of scholarly research on this business model. Practitioners can benefit from the results of high quality scientific research, and scholars can find exciting opportunities for contributing to the body of knowledge of a subject that has not received sufficient attention in educational institutions.
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Chapter 9: The obligation of good faith and its role in franchise regulation

Andrew Terry, Cary Di Lernia and Rozenn Perrigot

Abstract

The regulation of franchising presents real and significant challenges. Although most countries currently rely on underlying commercial laws of general application to all business activity to regulate their franchise sectors, there is a trend towards franchise-specific regulation to address the information and power imbalance that characterise the typical business format franchise relationship. While there is broad agreement that prior disclosure is the appropriate strategy to address the information imbalance, there is less consensus on the appropriate strategy to address the power imbalance. Good faith – an explicit obligation of most civil law jurisdictions, but not a principle of general application in common law jurisdictions – is increasingly proposed as an antidote to opportunistic conduct. This chapter addresses the development of good faith in civil law and common law jurisdictions and reviews current developments and research in relation to the efficacy of good faith as the appropriate tool to deliver equity and balance to the franchise relationship.

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