§ 80C.17 — CIVIL LIABILITY

Minnesota § 80C.17

• Jurisdiction: Minnesota
• Part: COMMERCIAL REGULATIONS
• Ch. 80C: FRANCHISES

Text

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 sections80C.01to80C.22or 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 sections80C.01to80C.22were 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.

Legislative History

1973 c 612 s 17;1981 c 165 s 6;1987 c 336 s 19;1993 c 372 s 1,2