Law Commons^™

Franchise And Contract Asymmetry: A Common Trans-Atlantic Agenda?, Tibor Tajti

Loyola of Los Angeles International and Comparative Law Review

Normative legal theories, no matter whether pluralist or monist, tend to formulate what the law should be. Based on what values, either on a purely theoretical plane, or based on a single or a few paradigm contracts – the contours of which seem to be most solidified according to common opinion – like sales contracts. They fail, however, to answer the query about what happens in cases of newer-generation contracts, such as franchise contracts, one of the quintessential features of which is information and strategic asymmetry. The basic premise of this article is that given the European popularity of business …