LAWCOMM 459 : Special Topic: Franchise Law

Law

2022 Semester Two (1225) (10 POINTS)

Course Prescription

Introduction to the concept of franchising including definitions and alternatives, advantages and disadvantages, the business format franchise model, intellectual property protection, elements of a franchise agreement, cartels legislation and its impact, covenants against competition, unconscionable conduct, unfair contract terms, mediation, and international franchising.

Course Overview

Franchise law requires an understanding of franchising in general, including advantages and disadvantages, and the elements contained in a franchise agreement. The course requires the understanding of the principles of contract law and it will also cover intellectual property protection. Franchise agreements contain many obligations of both the franchisor and the franchisee and robust clauses to protect the brand and the system. The Franchise Association of New Zealand will also be discussed since it is important for a number of reasons including (1) the Code of Practice which prescribes what to include in the Disclosure Document and (2) the Code of Ethics.

Course Requirements

Prerequisite: LAW 241

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Understand and explain franchising, the alternatives and the advantages and disadvantages; (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 4.1, 4.2 and 6.3)
  2. Demonstrate an understanding of of key clauses in all franchise agreements and the need to protect the brand and the intellectual property should a franchise be terminated; (Capability 1.1, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 5.2 and 6.3)
  3. Analyse the importance of the territory or an exclusive area in relation to a franchise; (Capability 1.1, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.2)
  4. Understand and explain the relevant legislation applicable to franchising, including the Commerce Act 1986, the Fair Trading Act 1986 and the Contract and Commercial Law Act 2017. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.3, 4.1 and 5.2)

Assessments

Assessment Type Percentage Classification
Quiz 10% Individual Coursework
Essay 40% Individual Coursework
Final Exam 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Quiz
Essay
Final Exam

Workload Expectations

This is a standard 10-point course. There will be around 24 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 100 hours.

Delivery Mode

Campus Experience

Attendance is strongly encouraged at lectures in order to give you the best chance to achieve the course's learning objectives.
Lectures will be available as recordings. 
Attendance on campus is required for the final exam.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 17/10/2021 04:40 p.m.