§
Subdivision 1.Damages, rescission, and other relief.
A person who violates any provision of this chapter or any rule or order thereunder shall be liable to the franchisee or subfranchisor who may sue for damages caused thereby, for rescission, or other relief as the court may deem appropriate.
§
Subd. 2.Joint and several liability.
Every person who directly or indirectly controls a person liable under subdivision 1, every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions and every employee of a person so liable who materially aids in the act or transaction constituting the violation is also liable jointly and severally with and to the same extent as such person, unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist.
§
Subd. 3.Recovery.
Any suit authorized under this section may be brought to recover the actual damages sustained by the plaintiff together with costs and disbursements plus reasonable attorney's fees.
§
Subd. 4.Scope.
Except as explicitly provided in this section, no civil liability in favor of any private party shall arise against any person by implication from or as a result of the violation of any provision of sections 80C.01 to 80C.22 or any rule or order thereunder. Nothing herein shall limit any liability which may exist by virtue of any other statute or under common law if sections 80C.01 to 80C.22 were not in effect.
§
Subd. 5.Limitation on actions.
No action may be commenced pursuant to this section more than three years after the cause of action accrues.
Notes of Decisions
Dunn v. Nat'l Beverage Corp., 745 N.W.2d 549 (Minn. 2008).
· cites it 18× “Twin City filed a post-trial motion for attorney fees under Minn.Stat. § 80C.17, subd. 3. The district court denied the motion, concluding that section 80C.”
Pac. Equip. & Irrigation, Inc. v. Toro Co., 519 N.W.2d 911 (Minn. Ct. App. 1994).
· cites it 40× “If the parties had agreed that Pacific was a franchisee, or had the district court definitively found that Pacific was a franchisee, then I believe the district court would have been compelled to grant a preliminary injunction enjoining Toro from terminating its distributorship…”
Martin Investors, Inc. v. Vander Bie, 269 N.W.2d 868 (Minn. 1978).
· cites it 12× “That under the provisions of § 80C.17 Martin Investors is entitled to recover damages of $20,593.”
Avery v. Solargizer Int'l, Inc., 427 N.W.2d 675 (Minn. Ct. App. 1988).
· cites it 11× “Minn.Stat. § 80C.17, subd. 1 (1978). Not only the corporation, but also any executive officer, director, or person occupying a similar status or performing similar functions, and all employees who materially aid in the act or transaction are jointly and severally liable, unless…”
Noble v. C.E.D.O., Inc., 374 N.W.2d 734 (Minn. Ct. App. 1985).
· cites it 6× “Minn.Stat. § 80C.17, subd. 5 states: “No action may be commenced pursuant to this section more than three years after the franchisee pays the first franchise fee.”
Clapp v. Peterson, 327 N.W.2d 585 (Minn. 1982).
· cites it 4× “Appellant seeks to rescind the franchise agreement pursuant to Minn.Stat. § 80C.17, subd. 1 (1980). 2 Respondent claims that because appellant operated the business under the license and franchise agreement for more than 22 months he is estopped from rescinding the agreement.”
Chase Manhattan Bank, N.A. v. Clusiau Sales & Rental, Inc., 308 N.W.2d 490 (Minn. 1981).
· cites it 4× “In that case we approved the decision of the trial court granting the franchisee rescission against the franchisor and its president pursuant to Minn.Stat. § 80C.17(1) (1980), which provides: A person who violates any provision of sections 80C.”
Seymour v. Gloria Jean's Coffee Bean Franchising Corp., 732 F. Supp. 988 (D. Minnesota 1990).
· cites it 6× “Section 80C.17 provides: A person who violates any provisions of [the Act] or any rule or order thereunder shall be liable to the franchisee or sub-franchisor who may sue for damages caused thereby, for rescission, or other relief as the court may deem appropriate.”
— Minn. Stat. § 80C.17(1) — 1 case
Chase Manhattan Bank, N.A. v. Clusiau Sales & Rental, Inc., 308 N.W.2d 490 (Minn. 1981).
“In that case we approved the decision of the trial court granting the franchisee rescission against the franchisor and its president pursuant to Minn.Stat. § 80C.17(1) (1980), which provides: A person who violates any provision of sections 80C.”
— Minn. Stat. § 80C.17(5) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.