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Journal of Legal Research by ILRF · Vol. 1, Issue 8 (October 2026)

Unconscionability in Franchise Agreements: Rethinking the Commercial Parties Exception in Indian Contract

Priyanka Ingalgi & Ananya Rana | 2nd Year, B.A. LL.B. (Hons.) | Maharashtra National Law University, Mumbai

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Abstract

Criticises the 'commercial parties' exception to unconscionability (Brojo Nath, S.K. Jain, ICOMM) as it applies to take-it-or-leave-it franchise agreements. It uses the Reebok India and Subway disputes and a US/UK/Australia/France comparison, and concludes that franchisees in India have no remedy. It proposes a short statute with pre-contract disclosure, a fairness test for standard-form clauses, and an enforcement authority.

Article Information

Journal
Journal of Legal Research by ILRF
ISSN
3139-7107 (Online)
Volume
1 (I)
Issue
8 — October 2026
Length
8 Pages
Published
2 November 2026
Publisher
India Legal Research Foundation
DOI
Not yet assigned

How to Cite

Priyanka Ingalgi & Ananya Rana, “Unconscionability in Franchise Agreements: Rethinking the Commercial Parties Exception in Indian Contract”, Journal of Legal Research by ILRF, Vol. 1, Issue 8 (October 2026), ISSN 3139-7107.

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