Course introduction and objectives

The rapid growth of franchising both domestically and internationally has created a legal specialization of expanding importance. The course objectives are to provide the student with an understanding of the scope of franchise law and regulation and an appreciation of some of the more complex and subtle issues of this area of the law. Franchising law and regulation makes an excellent capstone course as it encompasses topics of contract law, intellectual property, tort law, consumer law, competition law, real estate, and insurance, as well as theories of regulation.

 

                           Course schedule summary

Session Topic
1 Introduction to franchising
2 Intellectual Property
3 Developing the franchised business and preparing to franchise, including issues of with respect to recruitment of franchisees & negotiation of the franchise agreement
4 Franchise agreements – the theoretical framework
5 Franchise agreements – nuts and bolts
6 Franchise-specific regulation, trade association codes
7 Misleading or deceptive conduct, unconscionable conduct, unfair contract terms in the franchising context
8 Competition law in the franchising context
9 Dispute Resolution in the franchising context
10 International Expansion of Franchise Systems
11 Ending the Franchise Relationship
12 Final points & review

 

Dr. Elizabeth Crawford Spencer conducts research and writes about contracting relationships, regulation, social enterprise, and intellectual property. In the area of franchising law she has published The Regulation of Franchising in the New Global Economy and an edited volume, Relational Rights and Responsibilities:  Perspectives on Contractual Arrangements in Franchising as well as many articles. She is currently collaborating on a new text, Franchising Law and Regulation in Australia and New Zealand. Liz is Adjunct Associate Professor of Law at Bond University on the Gold Coast.