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8 Comments

Richard Is Correct

First, came the farmer.
Second, came the wheat and grain production.
Third, came the agricultural trade.
Fourth, came the donut and the hole.
Fifth, came the prostitute.
Sixth, came the stuffed breadstick.

RichardSolomon's picture

That is absurd and untrue. If you had any snap at all you would

know it. In those days men didn't pay for intimacy with women. They just took it.

There are other possible interpretations od what you just said, having to do with your relationship with your own spouse, but we needn't go there.

chicken or the egg?

The prospective farmer needed to acquire land to begin farming so he decided to whore out his wife. Prostitution remains as the world's oldest profession.

RichardSolomon's picture

The world's oldest profession is not prostitution. It is farming

You people need to think things through before you just accept them as truth. But, if you could do that, I guess we wouldn't be here, would we?

Edward Ryan's picture

Dunkin's Non-Cureable Breach of Obey All Laws

During Dunkin's 2007-2009 termination spree, Dunkin' filed all sorts of claims against their franchisee operators. Almost all of the claims were considered non-cureable breaches of the Obey All Laws clause. Dunkin' played both judge and jury when deciding on which franchisees to target.

The reason Dunkin' launched its attack against the franchisee community was to initiate a franchisee consolidation strategy. Between 2000-2004, Dunkin' agressively opened stores that encroached upon existing stores. The end result was that many markets had different franchisees backed up against each other which made "white space" penetration nearly impossible in terms of market development.

Dunkin' had to choose which franchisees would stay and which franchisees had to leave the system. Rather than, having upfront business discussions with the franchisees that needed to go, Dunkin' decided to profit on the misfortunes of the franchisee's that were chosen to exit the system. Dunkin's refranchising strategy was headed up by Stephan Horn at the time. In 2006, Dunkin' tripled the size of their Loss Prevention Group with former FBI and IRS agents. They were than deployed into the field to catch franchisees in violation of the Obey All Laws clause.

Franchisees that were caught in violation of the Obey All Laws clause were given an option to pay a significant penalty and sell their stores or continue to trial for a court to adjudicate whether or not Dunkin' had good cause to terminate the franchise agreement.

Dunkin' was successful in either outcome - 1) they made gains from the franchisees who decided to sell and 2) realized profit windfalls from franchisees who decided to go to trial - the end result was that the targeted franchisee owned stores were refranchised.

In the process, there was no resource for the franchisees to tap into when Dunkin' came after them on their trumped up charges. Dunkin's is the ruler of their kingdom and is free to take whatever actions they want to take - even if it means the franchisee's personal financial destruction.

Corbin Williston's picture

Valid reason for clause

It is impossible to predict the multitude of ways in which a franchisee may embarrass a brand. That is normally the use of the "obey all laws" clause.

Due to its inherently broad (and sometimes subjective) nature, the clause is subject to abuse. This is particularly true where there has been no adjudication of the alleged violation, as in a case where the franchisor takes it upon itself to determine that a deduction or computation on a tax return is in violation of the Internal Revenue Code.

Just because a law is violated, there is not necessarily a termination of the franchise agreement; as with any contractual clause, it needs to be determined whether the breach is "cureable" or "non-cureable."

As a general rule, violations that go to the heart of the relationship (such as under-reporting) are more likely to be found as "non-cureable."

Obey All Laws

If prostitution is the oldest known profession, then is franchising the oldest known industry? Dunkin's FA began incorporating the Obey All Laws clause after they were acquired by the spirits & wine powerhouse Allied Lyons. I suppose they knew a little something about franchising.

RichardSolomon's picture

I was very young, but I remember that incident. Had he been able

to pay a lawyer, I would gladly have represented him, and I then had many defensive initiatives that were just waiting to be tried out.

In those days I made most of my living from tipling cases.