A growing body of case law and commentary has analyzed the legal relations created by franchise distribution agreements. The possibility has been raised that various provisions of Article Two of the Uniform Commercial Code could be beneficially employed by both franchisees and franchisors during litigation. This comment analyzes these possibilities in light of the technical limitations imposed on the purview of Article Two. It argues for the utilization of these provisions, if there is a proper respect for the internal limitations of the Code and the standards governing the analogical use of any statute. It also provides examples of several suggested uses in a hypothetical franchise situation.
Article Two of the Uniform Commercial Code and Franchise Distribution Agreements,
1969 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol18/iss5/4