Legal Case Study

1464 Words3 Pages
bulb-icon

Recommended: Interpretation of restrictive covenants

Legal Case Study In this case both Bill and Brenda are experiencing legal problems regarding their contracts of employment. I have been asked to advice both of them on the law of restrictive covenants. In this essay I aim to provide clear advice on how they should over come their problems. 2 Restrictive Covenants Restrictive covenants is where the ability to work after you leave a job is constrained. Where ever the person in question pleases to work, who they please to work for or if the new position is connected to the field of work with their previous employer is forbidden under restrictive covenants. Contracts in restraint of trade are void, however restrictive covenants are enforceable if they can be shown to be unreasonable in the interest of the parties e.g "Worldwide restriction was reasonable………interim interdict renewed" and unreasonable in the interest of the public e.g "attempt to prevent existing his existing customers being enticed away" . 3.0 Bill's Legal Problem Bill works for a company called Worldwide Pharmaceuticals Plc. He has been offered a position at Global Pharmaceuticals Plc. However he is concerned that his contract restricts him for working for trade competitor for two years should he leave Worldwide Pharmaceuticals Plc. Worldwide Pharmaceuticals are seen to be unreasonable. They don't want Bill to work for another company, which specialises in the same area of trade they do for a time period of two years. This is unreasonable, as Global Pharmaceutical plc has offered Bill a far more lucrative salary than he receives at Worldwide Pharmaceuticals. Bill has been with Worldwide Pharmaceuticals for five years. His contract may contain a clause for stating that a competitive salary is in place, if this is the case then the company Worldwide Pharmaceuticals who have not offered to match the rival company's offer, and then they have breached the contract making the contract void. Bill's existing employers are being unreasonable by requiring Bill not to accept the job. Bill should appeal that the contract and the time period is unreasonable. Also that if however the courts decide the contract is reasonable then Bill should appeal that Worldwide Pharmaceuticals should offer him a more competitive salary i.e. they should raise his salary to that of which was offered to him by Global Pharmaceuticals. Worldwide Pharmaceuticals may argue that Bill had access to confidential information of their company regarding Bill's research but they must show that Bill had access to such information.

Show More
Related

  • Laduzinski V. Alvarez & Marsal Taxand LLC Summary

    570 Words  | 2 Pages

    The lower court dismissed plaintiff’s claims because plaintiff was an “at will” employee. After Laduzinski appealed, the issues were whether the complaint stated a cause of action for fraudulent inducement, despite that Laduzinski was an at-will employee; and whether the alleged misrepresentations were actionable statements of present fact or non-actionable future promises. The contract between the Alvarez Companies and Laduzinski carried the certain elements of a basic contract since there was an offer, an acceptance, and a consideration. Perez offered plaintiff a position with the Alvarez companies, adding that the company was interested in obtaining plaintiff's contacts to have Before Laduzinski accepted the offer, asked for a two-year contract; However, Perez told plaintiff that his position would be focused on managing the Alvarez companies' workload, since the Alvarez companies has "a lot of clients and were busy. " Laduzinski accepted defendants' offer of at-will employment and quit his job at J.P. Morgan.

    Read More

  • The White-Collar Union Organizer and The Frustrated Labor Historians

    2269 Words  | 5 Pages

    ...ovement, many restrictions imposed on both parties were necessary to help encourage constructive bargaining within the system.

    Read More

  • Land Law Coursework Covenants

    672 Words  | 2 Pages

    Those who are to benefit from the covenant in today’s law can now be referred to by some generic description a description of class for example the 'owners of Hudson' however they must be in existence when the covenant is made and they must also be identifiable moreover the covenant must clearly be intended to be made with them as well. The cases of (White v Bijou Mansions) (1937)4 and (Amsprop Trading v Harris Distribution) (1997)5 are examples which illustrate and support the view of the LPA 1925, s.56(1).... ... middle of paper ... ... Benefits of a covenant may also be subject to express assignment at common law as long as it is not a personal covenant; it must also be done in writing and notice must be given to the covenantor under s.136 LPA 19259.

    Read More

  • Four Elements Of A Contract

    903 Words  | 2 Pages

    The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether

    Read More

  • Case Study: Aggie Honor Code

    1045 Words  | 3 Pages

    Discuss the issues that are of interst to TexasAgs & renegotiate some of the agreeded concessions in light of request for a new unfavourable concession. TexasAgs initiated the neogtiation proactively to get a extended contract up until 1989. The ongoing deal is only until 1987 that anways is convered bythe existing

    Read More

  • Business Case Study: The Wisson Company Policy

    1496 Words  | 3 Pages

    Let’s start with the core reason for this case study. Valerie Young was a marketing manager for the Wisson Corporation when one day she went to make some photocopies. While attempting to make copies she discovered a paper jam and proceeded to clear it. She came across a document that looked similar to her boss’s personal letterhead. Upon further investigation, she noticed that the document revealed evidence that her boss Lionel Waters was receiving $35.000 per month threw his consulting company he had on the side. I see this is a conflict of interest within the company. The Wisson company policy does not specifically address that an employee cannot have his personal consulting company while working within their company. Valerie stated during this case study that in the past year leading up to this event the Wisson Company worked with eight companies to deliver 300 to 400 perfume samples. Once Lionel Waters took over they only worked with two companies and Valerie and her colleagues soon found out that Mr. Waters’ was not to be questioned on his decisions. I can only assume from the case study that Mr. Waters displayed the use of legitimate power due to his position within the company. In my opinion from my reading, Lionel Waters was using his position to line his pockets thru

    Read More

  • Allegiance Commercial Real Estate Services

    1656 Words  | 4 Pages

    Here, the dilemma is that Stanley is leaving a firm to open a new one and plans to take some of the clients as well as some of the employees with him. This is a common move in the corporate America society, which is not considered illegal. However, there are legalities and ethical considerations when it comes to taking information or retaining part of the client base. Generally, clients belong to the company and not to the employee, but there are different rules regarding different practices. In reviewing a chapter in th...

    Read More

  • Case Law Case Study

    1560 Words  | 4 Pages

    Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for

    Read More

  • Thethical Ethics Of Benji's Ethical And Business Ethics

    764 Words  | 2 Pages

    requirement for strategic ethics, which increases the likelihood that business will fail. The company does not appear to have any respect for the intrinsic good of their employees, their customers, or their distributors. Based on the premises of virtue ethics, strategic ethics, or the basic fundamentals of good corporate governance, there is no reason for Benji to sign the contract and accept the job offer.

    Read More

  • Good Faith And Fair Dealing Practices: A Legal Discussion Of The Uniform Commercial Law

    904 Words  | 2 Pages

    A legal discussion of the contractual breaches and their related legal elements will be examined in this section. Some of the legal issues surrounding the contractual breaches include, the legal implications of the Uniform Commercial Code (U.C.C.), the defendant’s engagement in and outputs contract while under a requirements contract with my company, the doctrine of estoppel, and the issues of good faith and fair dealing. The definitions and some of the legal implications of the implied and requirements contracts were discussed in the preceding sections. An implied contract is defined as a “contract that is established by the conduct of a party rather than by the party’s written or spoken words” (Kubasek, Brennan, & Browne, 2015,

    Read More

  • UCTA law essay

    936 Words  | 2 Pages

    S.6(3) states that as against a person dealing otherwise than as consumer liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requirement of reasonableness.

    Read More

  • Kyle V White City Stadium Case

    1095 Words  | 3 Pages

    A contract is an agreement, either oral, in writing or inferred by conduct, between two or more persons (the offeror and offeree or promisor and promisee) which is usually intended to be legally binding. A contract concerns 3 main issues, firstly, is there a contract? Secondly, is the agreement one in which the law recognises? Thirdly, when do obligations under contract come to an end and what remedies are there if a contract is broken? (Jones,2015). The question at hand surrounds Sam, who had been offered the opportunity to earn some money for university by helping Jo. But when Sam leaves for university, Jo refuses to pay any money. The following discusses whether Sam has a contract and whether he is entitled to be paid.

    Read More

  • Legally Binding Contracts

    1517 Words  | 4 Pages

    Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:

    Read More

  • The Role of Consideration in the English Law of Contract

    2235 Words  | 5 Pages

    Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.

    Read More

  • The Employer/Employee Relationship

    2577 Words  | 6 Pages

    This essay will look at the definition of what an employer and employee are according to legislation. It will then discuss whether or not an employer can prevent an employee from working for others (or themselves), after the employment has ended. Analysis will be done on whether restraint of trade clauses are legal and if so the restrictions they carry for both employer and employee. This essay will also look at how and if a restraint of trade clause can be changed so that they can be valid and the employer can enforce them. This essay will look at whether employers can stop employees from working for others and themselves during employment, this will be done by looking at and discussing garden clauses. Critique will be done on both restraint of trade clauses and garden leave clauses. The essay will conclude with how difficult or easy it is for an employer to restrict their employee’s employment.

    Read More

More about Legal Case Study

Open Document