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1. How Does The Duty To Support Arise? The Wishart Act outlines the duty of fair dealing as follows: • s. 3(1) – every franchise agreement imposes on each party a duty of fair dealing in its performance and enforcement. • s. 3(3) – the duty of fair dealing includes the duty to act in good faith and in accordance with reasonable commercial standards.
1. How Does The Duty To Support Arise? The case law makes it clear that the franchise relationship imposes duties of “the utmost good faith”; • “Franchisors are not required to act selflessly placing the interest of the franchisee ahead of their own. However, it appears clear from the case law that a franchisor is subject to the duty to act in utmost good faith towards a franchisee” (Machias v. Mr. Submarine Ltd.)
Page 1 and 2: LEAN ON ME?: A FRANCHISOR’S S OBL
Page 3 and 4: 1. How Does The Duty To Support Ari
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Page 11 and 12: 2. The Case Law Machias v. Mr Subm
Page 13 and 14: 2. The Case Law On the other hand.
Page 15 and 16: 2. The Case Law Khagen Investments
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Page 19 and 20: 3. Hypotheticals The franchisor off
Page 21 and 22: 3. Hypotheticals At all relevant ti
Page 23 and 24: 4. Best Practices Operations Manua
Page 25: 5. Questions and Answers

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