The granting of a range of discretionary powers to the franchisor shows the hierarchical face, besides the market or contractual face, of franchising and similar networks. Dealing with power-related contractual problems within these arrangements is particularly challenging, since they occupy a little explored niche in legal reasoning. In this thesis, I develop an interdisciplinary inquiry on the network concept to assess to which extent it reveals the rationalities underlying the granting of such powers. I study the typical contract law categories of control of the exercise of individual prerogatives available both in civil law and in common law tradition. I discuss to which extent those categories are capable of controlling the exercise of discretionary powers in franchise disputes. I finally turn to public law reasoning on control of power and propose a prudent transplant of some elements of this reasoning into contract law discourse.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.101821 |
| Date | January 2006 |
| Creators | Ludwig, Marcos de Campos. |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | © Marcos de Campos Ludwig, 2006 |
| Relation | alephsysno: 002599044, proquestno: AAIMR32886, Theses scanned by UMI/ProQuest. |
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