Can Afuri Ramen Dumpling seek specific performance as a remedy for breach of contract?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
- D.
The provisions of this Section will not limit our right to seek and obtain any provisional or final remedy, including, but without limitation, injunctive relief, an order for payment of any monies due and owing by you, an order for recovery or delivery up of possession, or for specific performance, or similar relief, from any court of competent jurisdiction, as may be necessary in our sole judgment to protect the Marks and the System and our Confidential Information and property rights, to enforce the restrictive covenants of this Agreement, to enforce our contractual rights, and to protect against actual or threatened conduct that on balance would cause or be likely to cause loss or damage if allowed to continue pending completion of an arbitration proceeding.
- 9.8.3 Injunctive Relief and Specific Performance.
Either party may obtain in any court of competent jurisdiction specific performance and injunctive relief to restrain a violation by the other party of any term or covenant of this Agreement.
Nothing contained in this Agreement will bar us or you to obtain specific performance of the provisions of this Agreement and injunctive relief against threatened
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, Afuri Ramen Dumpling can seek specific performance as a remedy for breach of contract. The franchise agreement outlines that Afuri Ramen Dumpling has the right to seek provisional or final remedies from a competent court. These remedies include specific performance to protect its marks, system, confidential information, and property rights, and to enforce contractual rights and restrictive covenants within the agreement.
The franchise agreement also states that either party, including Afuri Ramen Dumpling, can seek specific performance and injunctive relief in a competent court to address violations of the agreement's terms or covenants by the other party. This provision ensures that Afuri Ramen Dumpling can take legal action to compel a franchisee to fulfill their obligations under the franchise agreement.
This ability to seek specific performance is a significant protection for Afuri Ramen Dumpling, allowing them to ensure franchisees adhere to the standards and requirements of the franchise system. It also allows Afuri Ramen Dumpling to protect its brand and operational integrity. This remedy is in addition to other legal options, such as monetary damages, that Afuri Ramen Dumpling may pursue in the event of a breach of contract.