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Legal matters

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Franchise business issue

4 replies

LifeBeginsNow · 21/07/2021 11:28

Could anyone advise on whether there is a case to persue here please?

DH purchased a franchise some time ago and written into the contract it stated that he was responsible for 2 counties (except for a few specified postcode areas). All fine and he found that he got the majority of work in county 2 (we live in county 1).

One day an announcement was made on the HQ Facebook page introducing a new rep for county 2 area. DH questioned this with HQ who said as he doesn't live in that area (the counties are next door to each other), they wanted someone who did live there.

Nothing in the contract talks of minimum sales requirements (his sales in county 2 were very good anyway) so we feel frustrated that this has been taken away. The contract was for a 5 year term and he's basically walked away from it all as county 1 just isn't sustainable to live off (not as affluent for the type of product).

Has DH got a case for breach of contract considering both parties signed knowing he would have county 1 & 2?

OP posts:
prh47bridge · 21/07/2021 12:17

Possibly but it is impossible to say for sure without knowing exactly what the contract says. Your husband needs to take proper legal advice.

akkakk · 21/07/2021 12:37

if 'responsible' for areas, that may have a vague legal meaning
if he has 'exclusive' then yes he has the sole right to that area

totally depends on the wording in the contract - you will need legal advice

LifeBeginsNow · 21/07/2021 13:25

I'll double check the wording when I can.

We didn't want to throw money away getting advice if it was unlikely there's a case. I want to proceed though as it just doesn't feel right.

OP posts:
steelseries · 21/07/2021 13:27

It all depends on what the exact wording of the contract says. If you DH is permitted to operate the franchise in the 2 designated areas, that is different to if he has been given the exclusive right to operate the franchise in those 2 areas.

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