Restrictive covenants

Réussis tes devoirs et examens dès maintenant avec Quizwiz!

Enticement of the clause

💕typically through injunction 💕if the court finds its invalid, they will not re-write the clause for the parties...... they may refer to the blue pencil rule

The criteria that has to be satisfied about the employer to make the covenant enforceable

1-it has a legitimate business interest requiring protection 2- the covenant is reasonable necessary to protect the legitimate business interest 3- the covenant goes no further than reasonably necessary

Category of restrictive covenants

1. Non- competition clauses 2.non-solicitation 3.Non-dealing clauses 4. Anti poaching clauses

Another name for restrictive covenants

Post termination covenants

General Bill Posting v Atkinson

The clause cannot be relied upon if the clause has already been broken by the employer

When is the covenant reasonably necessary

When it's protecting a legitimate business interest

Common categories of legitimate interest

-connection with clients -connection with suppliers -stability of workforce -stability of workforce -Trade secrets and confidential information

Pilon clause

A way of anticipating the restrictive covenant clause to avoid a breach. As it allows the employer to give the employee notice by giving them money, this is agreed to by the parties

General common law duty

Against restraint of trade clause, an employer cannot protect himself from competition only against the use of customer connections

Restrictive covenant

An express clause in the employee. contract that restricts their ability to work for an competitor after the employment has come to an end

Herbert Morris v Saxelby

For legitimate interest, the clause must be reasonable between the parties

Living design v Davidson

If the contract is breached by the employer, it still will be held as a breach

Rock v Jones

The employer cannot use the clause if they have breached the clause

Countrywide v pollard

The employer has to prove that the clause should be upheld

Validity

The nature of the work and the access the employee had has to be considered


Ensembles d'études connexes

Jewish Feasts/Festivals Unit 2: Bible 7

View Set

Skills and Essentials Ch 28 Infection Control

View Set

2 blood types, blood transfusion and tissue and organ transplantation

View Set

CH.4/ Lecture #4: CHOOSING BRAND ELEMENTS TO BUILD BRAND EQUITY

View Set