Wiener Haus #82 has been underperforming for a few years. The franchisee (owner of Haus #8 frustrated and files a claim against the franchisor for breach. The franchisee claims that the agreement he signed contained a statement at the start of the agreement detailing that the bus model the franchisor developed was "proven effective and profitable." On these facts, does the franchisee have a winning breach of contract claim against the franchisor?
Wiener Haus #82 has been underperforming for a few years. The franchisee (owner of Haus #8 frustrated and files a claim against the franchisor for breach. The franchisee claims that the agreement he signed contained a statement at the start of the agreement detailing that the bus model the franchisor developed was "proven effective and profitable." On these facts, does the franchisee have a winning breach of contract claim against the franchisor?
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![Wiener Haus #82 has been underperforming for a few years. The franchisee (owner of Haus #82) is
frustrated and files a claim against the franchisor for breach. The franchisee claims that the
agreement he signed contained a statement at the start of the agreement detailing that the business
model the franchisor developed was "proven effective and profitable." On these facts, does the
franchisee have a winning breach of contract claim against the franchisor?
O No, the contract formed was a voidable contract. Thus, the franchisor is void of responsibility if the business
model does not produce profit for the franchisee.
O Yes, the franchisee relied on these statements when deciding to contract and thus the franchisor should be
responsible when the business model fails to work for the franchisee.
O No, courts have generally held that the type of language relied upon by the franchisee is "prefatory" and does
not create a duty on the part of the franchisor.
O Yes, the money paid to the franchisor to open Haus # 82 unjustly enriched the Wiener Haus franchise; thus,
the franchisor should be responsible for the costs incurred by the franchisee when the business model failed
to produce profits.
O Yes, the franchisor misrepresented the success of the business model he developed for the franchise.](/v2/_next/image?url=https%3A%2F%2Fcontent.bartleby.com%2Fqna-images%2Fquestion%2F6c8ff118-2529-47dd-a2db-d9a8394b3573%2Fb514a097-ba9d-4e3d-b458-6575cdf3a497%2Fpz5xnjw_processed.jpeg&w=3840&q=75)
Transcribed Image Text:Wiener Haus #82 has been underperforming for a few years. The franchisee (owner of Haus #82) is
frustrated and files a claim against the franchisor for breach. The franchisee claims that the
agreement he signed contained a statement at the start of the agreement detailing that the business
model the franchisor developed was "proven effective and profitable." On these facts, does the
franchisee have a winning breach of contract claim against the franchisor?
O No, the contract formed was a voidable contract. Thus, the franchisor is void of responsibility if the business
model does not produce profit for the franchisee.
O Yes, the franchisee relied on these statements when deciding to contract and thus the franchisor should be
responsible when the business model fails to work for the franchisee.
O No, courts have generally held that the type of language relied upon by the franchisee is "prefatory" and does
not create a duty on the part of the franchisor.
O Yes, the money paid to the franchisor to open Haus # 82 unjustly enriched the Wiener Haus franchise; thus,
the franchisor should be responsible for the costs incurred by the franchisee when the business model failed
to produce profits.
O Yes, the franchisor misrepresented the success of the business model he developed for the franchise.
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