§ 1221. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1221]
TITLE 15--COMMERCE AND TRADE
CHAPTER 27--AUTOMOBILE DEALER SUITS AGAINST MANUFACTURERS
Sec. 1221. Definitions
As used in this chapter--
(a) The term ``automobile manufacturer'' shall mean any person,
partnership, corporation, association, or other form of business
enterprise engaged in the manufacturing or assembling of passenger cars,
trucks, or station wagons, including any person, partnership, or
corporation which acts for and is under the control of such manufacturer
or assembler in connection with the distribution of said automotive
vehicles.
(b) The term ``franchise'' shall mean the written agreement or
contract between any automobile manufacturer engaged in commerce and any
automobile dealer which purports to fix the legal rights and liabilities
of the parties to such agreement or contract.
(c) The term ``automobile dealer'' shall mean any person,
partnership, corporation, association, or other form of business
enterprise resident in the United States or in any Territory thereof or
in the District of Columbia operating under the terms of a franchise and
engaged in the sale or distribution of passenger cars, trucks, or
station wagons.
(d) The term ``commerce'' shall mean commerce among the several
States of the United States or with foreign nations, or in any Territory
of the United States or in the District of Columbia, or among the
Territories or between any Territory and any State or foreign nation, or
between the District of Columbia and any State or Territory or foreign
nation.
(e) The term ``good faith'' shall mean the duty of each party to any
franchise, and all officers, employees, or agents thereof to act in a
fair and equitable manner toward each other so as to guarantee the one
party freedom from coercion, intimidation, or threats of coercion or
intimidation from the other party: Provided, That recommendation,
endorsement, exposition, persuasion, urging or argument shall not be
deemed to constitute a lack of good faith.
(Aug. 8, 1956, ch. 1038, Sec. 1, 70 Stat. 1125.)
