The Five Stones: Bill 15, the Franchises Act

28 Pages Posted: 23 Aug 2018 Last revised: 1 Sep 2018

Date Written: December 1, 2012

Abstract

This paper outlines a wide range of new protections extended to franchisees in Manitoba under The Franchises Act (2010). The act explicitly extends five key protections to individuals entering into franchise agreements with a franchisor, including the duty of fair dealing, the right to associate, the requirement of pre-contract disclosure, allows for a remedy of damages to be imposed for misrepresentation an failure to disclose, and the ability to impose joint and several liability on franchisors and any additional parties who breach any of the rights under the franchise agreement and the protections for franchisors legislated in The Franchises Act (SM 2010, c 13). This paper further discusses the possible power dynamics between a franchisor and franchisee and comments that these legislative provisions provide practical support to ensure smooth operations of business functions.

Keywords: Franchise Law, Franchise Regulation, Franchise Agreements, Franchise Disclosure Documents, Franchising

JEL Classification: K00, K12, K19, K20, K23, K39, K40

Suggested Citation

Wayne, Mary-Ellen, The Five Stones: Bill 15, the Franchises Act (December 1, 2012). Manitoba Law Journal, Vol. 35, No. 2, 2012, Available at SSRN: https://ssrn.com/abstract=3230348

Mary-Ellen Wayne (Contact Author)

University of Manitoba ( email )

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