An in-depth, complete and usable revision guide regarding restraint of trade and confidentiality. Exam-ready (if your exam is open book) but perfect for revising and completing past papers.
Seminar 3 - Contractual Terms: Restraint of Trade & Confidentiality
Preparatory Reading1:
Textbooks
Cabrelli
q Chapter 6 The Implied Terms of the Personal Employment Contract
(particularly p196 onwards for ‘Confidentiality’ and p 226 onwards for
‘Restraint of Trade’); or
Selwyn
q Chapter 10 Performance of the Contract of Employment (particularly p 285
onwards)
q Chapter 19 Duties of Ex-Employees
Smith & Wood
q Chapter 2 Contracts of Employment (1): Status, Formation, Continuity and
Change (particularly p108 onwards for ‘Restraint of Trade’)
q Chapter 3 Contracts of Employment (2): Content and Wages (particularly
p195 onwards for ‘Good Faith’)
Cases
q Faccenda Chicken v. Fowler [1986] 1 All ER 617
q Thomas Marshall v Guinle [1978] ICR 905
q Nordenfelt v. Maxim Nordenfelt Guns & Ammunition Co [1894] AC 535 HL
q Mason v Provident Clothing [1913] AC 274
q Amber Size v Mensel [1913] 2 Ch 239.
q Herbert Morris Ltd v Saxelby [1916] 1 AC 688
q Roger Bullivant v Ellis [1987]
q Lansing Linde Ltd v Kerr [1991] 1 WLR 251
q Office Angels Ltd v Rainer Thomas & O’Connor [1991] IRLR 214 CA
q Rock Refrigeration v Jones [1996] IRLR 675
q Allen Janes Ltd v Johal 2006 EWHC 286 (CH)
q Towry EJ Ltd v Barry Bennett [2012] EWHC 224 (QB)
q Energy Renewals v Borg [2014] IRLR 713
1 Please note – this is an indicative rather than a complete list of sources to consider when preparing your answers. If you find
other cases or statutory sections which you consider relevant, please raise these too.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller PinkTamwar. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.49. You're not tied to anything after your purchase.
