The Legal Implications of E-commerce for the Australian Franchise Sector
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Kariyawasam, Kanchana
Frazer, Lorelle
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Abstract
Business-to-consumer electronic commerce plays a vital role in modern business practices throughout the world. Many traditional retailers ventured into the online transactional space decades ago, while franchise chains have taken a more conservative approach in e-commerce adoption due to potential encroachment and the history of franchisor-franchisee litigation, among other reasons. This study analysed Franchising Code of Conduct, the Australian Consumer Law, relevant case law, in addition to the data from the interviews with franchise experts, adding a rich practitioner insight to this article. It found that the revised Franchising Code may have wide implications for how Australian franchisors conduct e-commerce resulting in greater e-commerce adoption. In addition, due to the change in the legislation, franchisors are being forced to review their e-commerce strategy as well as their legal documents, which may give rise to further development of e-commerce in the Australian franchising sector.
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Australian Business Law Review
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47
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© 2019 Thomson Reuters. This article was first published by Thomson Reuters in the Australian Business Law Review and should be cited as Vol. 47, pp. 293-308. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
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Commercial law
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Kremez, Z; Kariyawasam, K; Frazer, L, The Legal Implications of E-commerce for the Australian Franchise Sector, Australian Business Law Review, 2019, 47, pp. 293-308