At most, it has clarified that these implicit duties are general in nature and can be invoked in franchise contexts other than
the particular fact pattern in Provigo, which was one of direct competition by a franchisor with its own franchisees.
Moreover, in the grey area close cases (and the grey area is quite large)
a particular fact pattern could easily be resolved either way by different fact finders, even if there is absolutely no dispute regarding the facts of the case.
Not exact matches
The
particular facts function no longer as «factors,» but become «bare its,» that is, function as logical subjects with a hypothetical relevance to a predicative
pattern now potentially determinate of these logical subjects.
There is the arrest of the emotional
pattern round this sheer
fact as a possibility, with the corresponding gain in distinctness of its relevance for the transcendent creativity — in the sense of its advance - from subject to subject — this
particular possibility has been picked out, held up, and clothed with emotion.
Each congregation does in
fact embody a
particular ethical perspective in its own
patterned ways of being.
But the
particular pattern Moynihan began to observe in the 1960s has not in
fact been limited to the black community.
In
particular his connection between the requirement of accessibility in SGAE v Rafael Hoteles and that in Svensson could be too daring, considering the different
fact patterns of both cases.
The reason that they nonetheless face a collective action problem in the context of small, traditional tort suits featuring individual
fact patterns (slip - and - fall cases are good examples) is that they are being sued by many different trial lawyers (each of whom may only have one case pending against a
particular defendant at one time) who are themselves each suing many different corporate defendants.