Surely not enforcable.

[Drawweight]

Reading one of the many restrictive covenant posts I remembered a clause in my contract.

I have no intention of invoking this but surely it couldn't hold up.

Upon the termination of this agreement the Franchise operator (who for the purposes of sub paragraph D only shall be deemed to include any relative of the Franchise operator) shall :-

D. Not retail or distribute milk or milk products in the franchise area for a period of 1 year after the date of termination.

And how far back in the family is deemed a relative :-)

[Fermit The Krog and Sexy Sarah]

IME Restricted Covenants are rarely enforceable in law. Basically it can be deemed that their terms can be hindering you from earning a living in your chosen field, which the courts don't view kindly.

[Mr Pointy]

Fermit The Krog and Sexy Sarah said:

IME Restricted Covenants are rarely enforceable in law. Basically it can be deemed that their terms can be hindering you from earning a living in your chosen field, which the courts don't view kindly.

Have you seriously not followed any of BV72's posts on this subject over the last few years?

[Google [bot]]

Fermit The Krog and Sexy Sarah said:

IME Restricted Covenants are rarely enforceable in law. Basically it can be deemed that their terms can be hindering you from earning a living in your chosen field, which the courts don't view kindly.

Whilst correct (though I’m on the other side of the planet) I think they have on occasion been upheld. Also if the applicant has some weight they can tie you up in expensive legals regardless of the prospects of success.

[Fermit The Krog and Sexy Sarah]

Mr Pointy said:

Fermit The Krog and Sexy Sarah said:

IME Restricted Covenants are rarely enforceable in law. Basically it can be deemed that their terms can be hindering you from earning a living in your chosen field, which the courts don't view kindly.

Have you seriously not followed any of BV72's posts on this subject over the last few years?

No, however I did state IME. That experience is having worked for various companies with very tight RC's, yet when staff have moved to competition they have not been able to enforce.

[The Mad Monk]

Drawweight said:

Reading one of the many restrictive covenant posts I remembered a clause in my contract.

I have no intention of invoking this but surely it couldn't hold up.

Upon the termination of this agreement the Franchise operator (who for the purposes of sub paragraph D only shall be deemed to include any relative of the Franchise operator) shall :-

D. Not retail or distribute milk or milk products in the franchise area for a period of 1 year after the date of termination.

And how far back in the family is deemed a relative :-)

We are all at least 50th cousins to everybody else, I understand.

Note. Milk deliveries are a dying trade, are they not?

[edc]

Is this a restrictive covenant in an employee contract?

[Jasandjules]

Fermit The Krog and Sexy Sarah said:

IME Restricted Covenants are rarely enforceable in law. Basically it can be deemed that their terms can be hindering you from earning a living in your chosen field, which the courts don't view kindly.

Do you mean rarely enforced because companies rarely seek to do so?

And no, you can be prevented from working in your chosen field by a covenant if you agreed to it and it is reasonable etc and the more senior you are the more likely you will know company secrets etc.... What people need to do (but few ever do) is negotiate them and ensure they are compensated properly. One of my former employers simply paid you for three to six months to stay at home when the contract came to an end, everyone generally is happy then...

[markiii]

but you can;t agree on behalf of your relatives so its totally unenforceable

[Drawweight]

The Mad Monk said:

We are all at least 50th cousins to everybody else, I understand.

Note. Milk deliveries are a dying trade, are they not?

If you'd said that 6 months ago i'd have agreed but business has picked up significantly with a lot of people wanting their milk in glass bottles.

I think the Blue Planet has a lot to do with that.

[Pinkie15]

Actually a few years ago we started getting our milk delivered by "the milkman". Quite competitively priced cf the major supermarkets.

Unfortunately they covered a very large area, so milk was delivered about 3 am. On summer's days it was off within about 24 hours, so we cancelled as started having to pour loads of it away.









Sorry, nothing to do with OPs Q, but shows that "the milkman" hasn't gone extinct.