Appellate Law

CA1: Land Rover dealer not that oppressed

By S. COTUS

Wagner And Wagner Auto Sales v. Land Rover North America, Inc., 08-1456.  As the name suggests this is a dispute between a car dealer and a manufacturer.  Land Rover terminated the agreement.  Applying  Automobile Dealer's Day in Court Act, 15 U.S.C. § 1222 ("ADDCA"), and Mass. Gen. Laws ch. 93B, the Massachusetts "Dealer's Bill of Rights." the first says that the agreement was terminated for good cause (as required by the contract) when the dealer didn?t meet construction deadlines.  There was some dispute as to whether the manufacturer had properly responded to the proposed plans.  Further, there was no evidence of bad faith.  Moreover, because this was a temporary dealership there wasn?t that much oppression going on, which is supposedly remedied by the act. 

Full post as published by Appellate Law and Practice on November 07, 2008 (boomark / email).