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Omega Computers, Incorporated is a franchisor that grants exclusive

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Omega Computers, Incorporated is a franchisor that
grants exclusive physical territories to its franchisees with
retail locations, including Pete\'s Digital Products. Omega
sells over two hundred of the franchises before
establishing an interactive web site. On the web site, a
customer can order Omega\'s products directly from the
franchisor. When Pete\'s Digital Products sets up a web
site through which a customer can also order Omega\'s
products, Omega and Pete\'s Digital Products file suits
against each other, alleging that each is in violation of the
franchise relationship. To decide this issue, what factors
should the court consider? How might the parties have
avoided this conflict? Discuss fully.
Solution
This case would hinge upon the franchise agreement and
the language used within the agreement.
If the exclusivity only applies to physical locations, then
neither may be in violation of the agreement. If it applies to
sales within a geographic area, then they could both be in
violation of the agreement. Omega excludes themselves
from the exclusivity clause of the contract, and it does

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cover sales within a geographic area, then Pete\'s is in
violation and Omega is not. If the agreement is silent on
internet/catalog sales, then it would be dependent upon
the judge\'s interpretation as to what expectations could
reasonably be inferred from the exclusivity clause.
Without reading and studying the agreement, no
reasonable conclusion could be made from the limited
facts presented.
This is provided for informational purposes only. It is not
intended to be legal advice, opinion or representation.
Significance
A franchise agreement is the most important document that
a franchisee and franchiser has. It formally binds their
business relationship together.
Features
A franchise agreement details exactly how the
franchisee/franchiser relationship will work. It covers such

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Omega Computers, Incorporated is a franchisor that grants exclusive physical territories to its franchisees with retail locations, including Pete \'s Digital Products. Omega sells over two hundred of the franchises before establishing an interactive web si te. On the web site, a customer can order Omega\'s products directly from the franchisor. When Pete\'s Digital Products sets up a web site through which a customer can also order Omega \'s products, Omega and Pete\'s Digital Products file suits against each other, alleging that each is in violation of the franchise relationship. To decide this issue, what factors should the court consider? How might the parties have avoided this conflict? Discuss fully. Solution This case would hinge upon the franchise agreement and the language used within the agreement. If the exclusivity only applies to physical locations, then neither may be in violation of the agreement. If it applies to sales within a geographic area, then they could both be in violation of the agreement. Omega excludes themselves from the exclusivity clause of the contract, and it does cover sales within a geographic area, then Pete \'s is in violation and Omega is no ...
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