Facts
- Following a disagreement over a franchise, the franchise (A), which had given exclusive UK distribution rights to the claimant franchisee (T), started a new company to distribute in the UK
- 1 month of notice was given to T, rather than the contractual 6 months
Issue
- Who had the right to elect?
Decision
- T, as A had been in breach
Reasoning
- A could not unilaterally discharge the contract where T hadn’t breached the franchise contract
