In support of regulatory policy, the judges will always look for those terms that will permit the judge to honor the contract and dismiss the case out of court.
The franchisor has only a paper network ---a virtual business entity -- that is composed of binding contracts. It is the contracts that are sold to private investors or that become public companies that earn profits for franchisor and investors, The franchisors have no ownership of the intangible assets of the networks that wear the brand names. They only own the contracts that enable them to own the franchisees and their assets in success and failure.
If franchise contracts are not routinely held up and protected ty the courts, the paper empires of franchisors are put at great risk.
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