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Breach of franchise agreement by a playschool chain by not honouring a
06-Jul-2023 (In Breach of Contract Law)
We had bought franchise of Footprints preschool and daycare in Lucknow..our agreement was on a monthly guarantee assurance.. when lockdown started company said no monthly guarantee in lieu of force majeure event ( act of God... Pandemic not stated in agreement) now the company has stated that they will not pay monthly guarantee even after lockdown is over as financial impact of covid will remain... We had planned our finances in such a way that working capital was being arranged by the guarantee money itself.. now we are on the verge of bankruptcy due to their decision
A party to an agreement can elect not to perform its obligation only if the terms of the agreement gives an option to the parties to do so. Onerous conditions, such as financial impact/burden upon a party is not a valid reason to refrain from performing the obligation. Therefore, depending on the terms of the agreement, you can enforce your rights.
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Adv. Srikaanth S Iyyer
Delhi | 25+ Answers
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The terms and conditions of the franchise agreement will have to be studied and the provisions, if any, regarding payment of the guarantee money, force majuere, your rights and obligations, their rights and obligations will have to be studied to give definite advice. After that a legal notice may be required to be sent to them as per our Interpretation of the contract.
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Adv. Ankit Juneja
Delhi | 25+ Answers
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