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A pandemic forces franchisors, franchisees and other stakeholders to look with fresh eyes at contracts that usually remain in the bottom drawer Government light-touch legislation is challenged, and the franchise sector must deal with forcefully drawn contracts and competition from more agile non-franchised businesses All concerned must come to grips with how contract law addresses a pandemic, if at all, and how courts might interpret established contractual and statutory obligations and legislation enacted to respond to COVID-19 This article reviews franchising through the lenses of force majeure and frustration, and considers how the courts might interpret responses to COVID-19 in the light of the good faith obligation under the Franchising Code of Conduct It also canvases federal and State regulatory responses in the context of franchising The article concludes that franchisors will need to depart from a one-size-fits-all response to a more bespoke approach on this occasion
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Australian_Business_Law_Review
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The Challenges of Navigating the COVID-19 Pandemic for Australia\'s Franchise Sector
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