Hunters Franchising Limited v Brybond Limited & Anor.

Hunters Franchising Limited v Brybond Limited & Anor.

Hunters did not breach any implied duty of good faith or Braganza term in rejecting franchise proposals; clauses 10 and 12 of the 2014 MFA do not exclude a damages remedy for breach of the Development Requirement; judgment for liability is entered against the Defendants for breach of the Development Requirement.

Parties
Claimant: Hunters Franchising Limited; First Defendant: Brybond Limited; Second Defendant: Stephen Paul Berson
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Commercial Claim / Liability Trial Judgment
Outcome
Judgment for the Claimant on liability for breach of the Development Requirement.
Legal Topics
Franchise Agreements, Implied Terms, Good Faith, Remedies for Breach, Contractual Discretion
Contract Law Commercial Law Franchise Agreements Implied Terms Good Faith Remedies for Breach Contractual Discretion

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Parties

Hunters Franchising Limited

Claimant

Brybond Limited

First Defendant

Stephen Paul Berson

Second Defendant

Procedural Posture

Commercial Claim / Liability Trial Judgment

Legal Issues

  1. 1 Whether the 2014 Master Franchise Agreement contained an implied duty of good faith
  2. 2 Whether Hunters breached any implied duty in responding to franchise development proposals
  3. 3 Whether breach of duty amounts to a defence to breach of the Development Requirement

Ratio Decidendi

Hunters did not breach any implied duty of good faith or Braganza term in rejecting franchise proposals; clauses 10 and 12 of the 2014 MFA do not exclude a damages remedy for breach of the Development Requirement; judgment for liability is entered against the Defendants for breach of the Development Requirement.

Court Disposition

Judgment for the Claimant on liability for breach of the Development Requirement.