Common use of Legal Remedies Available to Franchisee Clause in Contracts

Legal Remedies Available to Franchisee. The following is a more detailed description of the remedies available to the franchisee if a franchise is terminated or not renewed in a way that fails to comply with the Act. Franchisee's right to sue. A franchisee may bring a civil action in United States District Xxxrt against a franchisor who does not comply with the requirements of the Act. The action must be brought within one year after the date of termination or non-renewal or the date the franchisor fails to comply with the requirements of the law, whichever is later. Equitable relief. Courts are authorized to grant whatever equitable relief is necessary to remedy the effects of a violation of the law's requirements. Courts are directed to grant a preliminary injunction if the franchisee shows that there are sufficiently serious questions, going to the merits of the case, to make them a fair ground for litigation, and if, on balance, the hardship which the franchise would suffer if the preliminary injunction is not granted will be greater than the hardship which the franchisor would suffer if such relief is granted. Courts are not required to order continuation or renewal of the franchise relationship if the action was brought after the expiration of the period during which the franchisee was on notice concerning the franchisor's intention to terminate or not renew the franchise agreement.

Legal Remedies Available to Franchisee. The following is a more detailed description of the remedies available to the franchisee if a franchise is terminated or not renewed in a way that fails to comply with the Act. Franchisee's ’s right to suexxx. A franchisee may bring a civil action in United States District Xxxrt Court against a franchisor who does not comply with the requirements of the Act. The action must be brought within one year after the date of termination or non-renewal nonrenewal or the date the franchisor fails to comply with the requirements of the law, whichever is later. Equitable relief. Courts are authorized to grant whatever equitable relief is necessary to remedy the effects of a violation of the law's ’s requirements. Courts are directed to grant a preliminary injunction if the franchisee shows that there are sufficiently serious questions, going to the merits of the case, to make them a fair ground for litigation, and if, on balance, the hardship which the franchise would suffer if the preliminary injunction is not granted will be greater than the hardship which the franchisor would suffer if such relief is granted. Courts are not required to order continuation or renewal of the franchise relationship if the action was brought after the expiration of the period during which the franchisee was on notice concerning the franchisor's ’s intention to terminate or not renew the franchise agreement.

Legal Remedies Available to Franchisee. The following is a more detailed description of the remedies available to the franchisee if a franchise is terminated or not renewed in a way that fails to comply with the Act. Franchisee's right to suesxx. A franchisee may bring a civil action in United States District Xxxrt Court against a franchisor who does not comply with the requirements of the Act. The action must be brought within one year after the date of termination or non-renewal nonrenewal or the date the franchisor fails to comply with the requirements of the law, . whichever is later. Equitable relief. Courts are authorized to grant whatever equitable relief is necessary to remedy the effects of a violation of the law's requirements. Courts are directed to grant a preliminary injunction if the franchisee shows that there are sufficiently serious questions, going to the merits of the case, to make them a fair ground for litigation, and if, on balance, . the hardship which the franchise the, franchisee would suffer if the preliminary injunction is not granted will be greater than the hardship which the franchisor would suffer if such relief is granted. Courts are not required to order continuation or renewal of the franchise relationship if the action was brought after the expiration of the period during which the franchisee was on notice concerning the franchisor's intention to terminate or not renew the franchise agreement. Burden of proof. In an action under the Act. the franchisee has the burden of proving that the franchise was terminated or not renewed. The franchisor has the burden of proving, as an affirmative defense, that the termination or nonrenewal was permitted under the Act and, if applicable, that the franchisor complied with certain other requirements relating to terminations and nonrenewals based on condemnation or destruction of the marketing premises.

Legal Remedies Available to Franchisee. The following is a more detailed description of the remedies available to the franchisee if a franchise is terminated or not renewed in a way that fails to comply with the Act. Franchisee's right to sue. A franchisee may bring a civil action in United States District Xxxrt against a franchisor who does not comply with the requirements of the Act. The action must be brought within one year after the date of termination or non-renewal nonrenewal or the date the franchisor fails to comply with the requirements of the law, whichever is later. Equitable relief. Courts are authorized to grant whatever equitable relief is necessary to remedy the effects of a violation of the law's requirements. Courts are directed to grant a preliminary injunction if the franchisee shows that there are sufficiently serious questions, going to the merits of the case, to make them a fair ground for litigation, and if, on balance, the hardship which the franchise would suffer if the preliminary injunction is not granted will be greater than the hardship which the franchisor would suffer if such relief is granted. Courts are not required to order continuation or renewal of the franchise relationship if the action was brought after the expiration of the period during which the franchisee was on notice concerning the franchisor's intention to terminate or not renew the franchise agreement.