FRANCHISE AGREEMENTS UNDER THE LAWS OF ARUBA (II)

Case law regarding termination

It can be concluded from a Netherlands Antilles case regarding failed negotiations for the continuation of a license agreement (franchising) (Antillean Family Foods NV vs Mc Donald’s Corporation, Supreme Court, February 26, 1993, NJ 1993, 289), that under certain circumstances the termination of an agreement may constitute an obligation (to negotiate a renewal of contract or) to pay damages / compensation.

Possible areas of relevance are: the contents of the agreement and the circumstances under which the agreement was entered into; the amount invested by the franchisee and the extent to which the investment was recouped; …
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04
Apr 2009
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Legal

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THE LAWS OF TORT IN THE DUTCH CARIBBEAN

Unlawful acts and damage

Section 6:162 paragraph 1 Netherlands Antilles Civil Code (NACC) stipulates four conditions for someone’s obligation to compensate damage based on an unlawful act (tort):

  • A person has committed an unlawful act (onrechtmatige daad) against another person (the victim); and
  • the act can be attributed (toegerekend) to that person; and
  • the victim has suffered damage (schade); and
  • the unlawful act has caused these damages (causaal verband).
  • Section 6:163 NACC provides for an exception to the general rule of Section 6:162 NACC: “There is no obligation to repair damage when the violated norm does not have as its …
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    17
    Jan 2009
    CATEGORY

    Legal

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