A franchise agreement granting an 'exclusive right' to use intellectual property within a territory prevents the franchisor both from licensing others and from itself exploiting those rights within the territory, as a matter of construction of the grant rather than by implied term. A positive obligation on a franchisor to promote mutual business interests also carries implied negative obligations not to act inconsistently with those duties. A witness who is an employee of the opposing party during the trial is to be regarded as in that party's 'camp' for the purposes of the Ladd v Marshall test, even if there are circumstances suggesting the witness may be unhappy in that employment.
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