Instructional Systems, Inc. v. Computer Curriculum Corp.
Supreme Court of New Jersey
1Dissent
D’ANNUNZIO, J.A.D.
(temporarily assigned), dissenting.
The New Jersey Franchise Practices Act (the Act) is very strong medicine. It provides in part that a franchise may not be terminated, cancelled, or non-renewed “without good cause.” N.J.S.A. 56:10-5. The Act narrowly defines “good cause” as “failure by the franchisee to substantially comply with those requirements imposed upon him by the franchise.” Ibid. Thus, if a dealer deemed to be a franchisee under the Act is fulfilling its contractual obligations, its supplier would not be permitted to make good faith structural changes in the way it…
2Cases cited26 opinions
- Bak-A-Lum Corp. of America v. Alcoa Building Products, Inc.Supreme Court of New Jersey · 1976
- Oswin v. ShawSupreme Court of New Jersey · 1992
- Susser v. Carvel Corp.Supreme Court of the United States · 1965
- Bernard Susser v. Carvel Corporation, Carvel Dari-Freeze Stores, Inc., Carvel Stores Realty Corporation, and Eight Other CasesCourt of Appeals for the Second Circuit · 1964
- Shell Oil Co. v. MarinelloSupreme Court of New Jersey · 1973
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