CASE COMMENTS: DISTRIBUTION – PRECONTRACTUAL OBLIGATION OF INFORMATION – VIOLATION (NO) – CONSENT DEFECT (NO)

Franchising: The French Supreme Court upholds its caselaw stating that the franchisor bears no obligation to disclose its past financial difficulties to the franchisee candidate (M. S. J. et la Sam & co / Casa concept services)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The failure of the franchisee's business generally leads its manager or possibly the liquidator to seek the cancellation of the contract and, subsidiarily, its termination to the exclusive detriment of the franchisor, as illustrated in this case by the claims made by a restaurant franchisee. In support of the cancellation of his contract, the franchisee put forward two arguments. On the one hand, he claimed that his consent had been vitiated and that the

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Nicolas Éréséo, Franchising: The French Supreme Court upholds its caselaw stating that the franchisor bears no obligation to disclose its past financial difficulties to the franchisee candidate (M. S. J. et la Sam & co / Casa concept services), 5 January 2016, Concurrences N° 2-2016, Art. N° 79234, pp. 126-127

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