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This is a state-by-state analysis of covenants against competition in the franchise context, addressing how franchise covenants have been interpreted and enforced under each state's law. It allows comparative research and analysis of the subject.
"This book provides the franchise lawyer a summary of the laws applicable to restrictive covenants as of the date of publication"--
This book provides you with a well-rounded overview of franchise law and will alert you to issues that may require further research or expertise.
A large number of American franchise systems have, over the last 40 years, made Canada one of their chose international expansion targets. This new book, written by experienced Canadian franchise lawyers, will help you advise your clients who are considering expansion into the Canadian marketplace. The book outlines a host of important differences when comparing the business, law and practice of franchising in Canada and the United States, as well as the numerous similarities between the culture and law of both societies. Topics include: structuring and expansion to Canada; trade-mark and other intellectual property issues; the Canadian franchise agreement; franchise disclosure issues; privacy issues and dispute resolution and franchise litigation in Canada. The book also includes practice notes throughout the book, highlighting key points.
"The franchise agreement is the document that establishes the franchise relationship. This business relationship is characterized by a franchisor granting a franchisee a temporary or time- limited right to use the franchisor's system and trademarks to conduct business. Because there is no 'one size fits all' template for drafting a franchise agreement, this must-have resource provides proven guidance on the core issues covered by a well-drafted agreement and how to carefully analyze the many considerations involved."--
The definitive resource for corporations in myriad industries-now completely revised and updated.
Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.
This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.