How much support are franchisors required to provide to their franchisees?
This is dependent upon many factors including: (1) specific contractual obligations in the franchise agreement, (2) whether the case is being heard by a judge or a jury, and (3) the business complexities of the industry in question. Contractual obligations are couched in very general obligatory language, without any explicit training or support requirements. Because of this, the ultimate liability will probably depend upon whether a judge or a jury is hearing the franchisee’s case. It’s much more likely that a jury will take into account the franchisor’s inadequacies in this regard. A judge, on the other hand, is more likely to follow the clear and unmistakable trend of case law in this area. The trend is to require franchisees to basically “fend for themselves,” beginning with the execution of the franchise agreement. There are a few other factors that could cut either way on this issue: (1) whether the franchisee promptly and effectively complained of the lack of support at the time
