Restraint Of Trade

Question 1

ROT

Answer 1

One hand protect trade secrets or may be unreasonable work restriction

Question 2

Types

Answer 2

Geographic or type of work

Question 3

Petrofina Gb v Martin 1966

Answer 3

Not valid unless reasonable against parties

Question 4

Nordenfelt maxim v nordenfelt guns and ammunition 1894

Answer 4

Void and unenforceable contrary to pub pol unless reasonable and protects legit interest of person imposing

Question 5

Reasonable test

Answer 5

Nature of contract
Employer gen allowed protect trade secrets, stealing clients
Not allowed restrict personal skills
Can’t claim more than reasonably necc to protect

Question 6

Factors affect reasonableness

Answer 6

Area - not to wide - mason v provident clothing & supply co ltd 1913

Duration - trade secrets loose importance over time - fitch v dewes 1921

Scope - no more than protect legit interest - Atwood lamount 1920

Question 7

Napier v national business agency 1951

Answer 7

ROT may be small part of wider contract , may be severed if doesn’t damage rest of contract

Question 8

Types of ROT

Answer 8

Always open
Contract between employers and employees
Sale of bus
Even occupation - proactive sports management ltd v Rooney 2011