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本帖最后由 liangyu42087 于 2016-7-19 16:34 编辑
真黑。。。
PIzza Hut 的class action败了.
www. kwm. com/en/au/knowledge/insights/franchises-fail-class-action-pizza-hut-yum-restaurants-australia-20160404
www. maddocks. com.au/uncategorized/federal-court-delivers-pizza-hut-good-news/
主要的矛盾,2014年6月以后pizza hut的总公司未了应对D公司的价格战实行了Value Stragety。
In June 2014, Yum announced to its franchisees that it would be implementing a new strategy known as the Value Strategy from 1 July 2014 where it would:
reduce the ranges of Pizza Hut pizzas from four to two; and
reduce the prices to two price points - $4.95 for “Classics” pizzas (previously $9.95) and $8.50 for “Favourites” pizzas (previously $11.95).
判决的重点,法官是不是收钱了。
1. Although there was no dispute that the obligations of cooperation, good faith and fidelity to the bargain must be taken into account in construing the rights under the IFA, Yum did not have an obligation to set a price to ensure that the franchisees would make a profit with respect to a particular promotion;
2. Yum did not owe either an express or implied duty of care to the franchisees of this nature, and to impose such a duty would involve rewriting the bargain between the franchisor and franchisees; and
3.Yum had not engaged in unconscionable conduct in implementing the Value Strategy. |
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