§ 19-28.1-21 - Private civil actions. - Rhode-island Statutes

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Statutes > Rhode-island > Title-19 > Chapter-19-28-1 > 19-28-1-21

SECTION 19-28.1-21

§ 19-28.1-21 Private civil actions. –(a) A person who violates any provision of this act is liable to the franchiseefor damages, costs, and attorneys and experts fees. In the case of a violationof §§ 19-28.1-5, 19-28.1-8, or 19-28.1-17(1) – (5), thefranchisee may also sue for rescission. No person shall be liable under thissection if the defendant proves that the plaintiff knew the facts concerningthe violation.

(b) Every person who directly or indirectly controls a personliable under this section, every principal executive officer or director of theliable person, every person occupying a similar status or performing similarfunctions, and every agent or employee of a liable person, who materially aidsin the act or transaction constituting the violation, is also liable jointlyand severally with and to the same extent as the person liable under thissection, unless the agent, employee, officer, or director proves he or she didnot know, and in the exercise of reasonable care could not have known, of theexistence of the fact by reason of which the liability is alleged to exist.

State Codes and Statutes

Statutes > Rhode-island > Title-19 > Chapter-19-28-1 > 19-28-1-21

SECTION 19-28.1-21

§ 19-28.1-21 Private civil actions. –(a) A person who violates any provision of this act is liable to the franchiseefor damages, costs, and attorneys and experts fees. In the case of a violationof §§ 19-28.1-5, 19-28.1-8, or 19-28.1-17(1) – (5), thefranchisee may also sue for rescission. No person shall be liable under thissection if the defendant proves that the plaintiff knew the facts concerningthe violation.

(b) Every person who directly or indirectly controls a personliable under this section, every principal executive officer or director of theliable person, every person occupying a similar status or performing similarfunctions, and every agent or employee of a liable person, who materially aidsin the act or transaction constituting the violation, is also liable jointlyand severally with and to the same extent as the person liable under thissection, unless the agent, employee, officer, or director proves he or she didnot know, and in the exercise of reasonable care could not have known, of theexistence of the fact by reason of which the liability is alleged to exist.

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State Codes and Statutes

Statutes > Rhode-island > Title-19 > Chapter-19-28-1 > 19-28-1-21

SECTION 19-28.1-21

§ 19-28.1-21 Private civil actions. –(a) A person who violates any provision of this act is liable to the franchiseefor damages, costs, and attorneys and experts fees. In the case of a violationof §§ 19-28.1-5, 19-28.1-8, or 19-28.1-17(1) – (5), thefranchisee may also sue for rescission. No person shall be liable under thissection if the defendant proves that the plaintiff knew the facts concerningthe violation.

(b) Every person who directly or indirectly controls a personliable under this section, every principal executive officer or director of theliable person, every person occupying a similar status or performing similarfunctions, and every agent or employee of a liable person, who materially aidsin the act or transaction constituting the violation, is also liable jointlyand severally with and to the same extent as the person liable under thissection, unless the agent, employee, officer, or director proves he or she didnot know, and in the exercise of reasonable care could not have known, of theexistence of the fact by reason of which the liability is alleged to exist.