Identify the commercial purpose of a restraint

Assignment Help Business Law and Ethics

Reference no: EM133215793

Question: Daniel is a skilled coffee roaster but needs to employ at least two roasters so that he can develop and operate the business. He is very worried that he will pass on his knowledge and experience to his staff, who may then go and work for a competitor and share the coffee roasting secrets he learned in Italy. He did some online research on how to protect his business from such risks and identified as a potential solution a restraint of trade clause in employee contracts.

Daniel drafted the following clause for the contracts of all coffee roasters based on his internet research:

'Upon the end of this agreement the employee agrees to not work in any capacity for any other coffee roaster in Australia for a period of five years.'

In Part C.2 of your report you must advise Daniel on the following matters:

Identify the commercial purpose of a restraint of trade clause.

Advise Daniel whether his proposed restraint of trade clause is enforceable.

Propose to Daniel a new restraint of trade clause that is likely to meet the requirements of the common law restraint of trade doctrine. In your answer explain how the restraint complies with the requirements of the restraint of trade doctrine.

Reference no: EM133215793

Questions Cloud

Describe a target audience that is most appropriate : Health Care Messaging Question - Describe a target audience that is most appropriate for the messaging and justification of why it is appropriate

Natural law humans : There is a natural law humans can follow to determine the right things to do in most cases or that such a law does not exist or is exaggerated

Regulatory and legislative requirements pertaining : Carpenter High School Enumerate at least five (5) regulatory and legislative requirements pertaining to erecting and dismantling restricted height scaffolding

Describes any breaches of financial services : Identify if the given scenario describes any breaches of financial services laws - the branch staff obtains (1) signatures on blank forms for 'Z Super'

Identify the commercial purpose of a restraint : Identify the commercial purpose of a restraint of trade clause - Advise Daniel whether his proposed restraint of trade clause is enforceable

Encourage current popularity of email : Educators should encourage the current popularity of email and instant messaging among teenagers,

Why should the chief accountant of an organization : Why should the chief accountant of an organization have a clear understanding of both financial and managerial accounting

Creating a compelling team-organization vision : Lead Like Jesus Creating a Compelling Team / Organization Vision. The chapter emphasizes without a clear vision the rest of your leadership skills.

Were the actions of the survivors ethical : Were the actions of the survivors ethical according to Kantianism and Under Kantianism, is Axel's offer ethical? Why or why not?

User Account

All Pages