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Franchise Contract Dispute Between a Catering Company in Fujian and a Franchisee

Case Summary

Plaintiff, a catering management company based in Fujian, entered into a "Franchise Agreement" with Defendant, an individual business operator from Xiamen, authorizing the Defendant to open a franchise store in Siming District, Xiamen. The contract explicitly required the Defendant to use only raw materials and recipes designated by the head office and prohibited any unauthorized substitutions. During operations, the Defendant used low-cost raw materials from third-party suppliers without authorization. Upon discovery during a head office inspection, the Defendant refused to rectify the violation. Consequently, Plaintiff filed a lawsuit seeking termination of the agreement, payment of liquidated damages by the Defendant, and compensation for brand damage.

Key Dispute

1.Does the defendant's unauthorized substitution of raw materials constitute a breach of contract?
2.Does the plaintiff have the right to unilaterally terminate the contract?
3.Are the liquidated damages and brand loss claimed by the plaintiff reasonable?

Case Strategy

1.Key evidence, including explicit contract terms on raw material usage, headquarters inspection records, proof of the defendant's procurement of third-party raw materials, and communication logs regarding rectification.
2.Demonstrate that the defendant's breach of contract severely damaged the brand's reputation and compromised food safety, thereby meeting the contractual conditions for termination.
3.Regarding the reasonableness of liquidated damages, provide evidence such as the contractually agreed calculation standard for liquidated damages, the duration of the defendant's breach, and the actual losses incurred.
4.Request the court to investigate and collect evidence regarding the defendant store's raw material procurement to establish a complete record of the breach.

Processing Result

The court ruled to terminate the Franchise Agreement signed by both parties. The defendant shall pay the plaintiff liquidated damages of 30 ten thousand yuan, compensate for brand loss of 15 ten thousand yuan, totaling 45 ten thousand yuan; and bear all litigation costs of this case.

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