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(ii) Duration

(ii) Duration
Fitch v Dewes (above)
Fellows v Fisher [1975] 2 All ER 829 (CA) *lexis only

(iii) Activities covered:
Attwood v Lamont [1920] 3 KB 571 (CA)

‘…either on his own account or on that of any wife of his or in partnership with or as assistant, servant, or agent to any other person, persons or company carry on or be in any way directly or indirectly concerned in any of the following trades or businesses; that is to say, the trade or business of a tailor, dressmaker, general draper, milliner, hatter, haberdasher, gentlemen’s, ladies’ or children’s outfitter at any place within a radius of ten miles of’ Kidderminster.

Davies v Davies (1887) 36 Ch. D. 359 (CA)

Home Counties Dairies v Skilton [1970] 1 WLR 526 (CA)

‘The employee expressly agrees not at any time during the period of one year after termination of his employment … either on his own account or as representative or agent of any person or company, to serve or sell milk or dairy produce to … any person who at any time during the last six months of his employment shall have been a customer of the employer and served by the employee in the course of his employment.’

Mason v Provident Clothing [1913] AC 724 (HL) 745 (Lord Moulton ): Suggests that severance less likely in employment cases:

‘My Lords, I do not doubt that the court may, and in some cases will, enforce a part of a covenant in restraint of trade, even though taken as a whole the covenant exceeds what is reasonable. But, in my opinion, that ought only to be done in cases where the part so enforceable is clearly severable, and even so only in cases where the excess is of trivial importance, or merely technical, and not a part of the main purport and substance of the clause. it would in my opinion by pessimi exempli[1] if, when an employer had exacted a covenant deliberately framed in unreasonably wide terms, the courts were to come to his assistance and, by applying their ingenuity and knowledge of the law, carve out of this void covenant the maximum of what he might validly have required. It must be remembered that the real sanction at the back of these covenants is the terror and expense of litigation, in which the servant is usually at a great disadvantage, in view of the longer purse of his master.’
1 pessimi exempli (peS-<l-mI eg-zem-plr). [Latin] Hist. Of the worst example. ‘Thus, to acquit a man of a crime because he had committed it under the influence of drink, or to allow anyone to take benefit under a contract induced by his fraud, would be pessimi exempli, as tending to lead others to be dishonest or unfair in their dealings, or to be careless of their habits or their acts.’ John Trayner,

Trayner’s Latin Maxims 457 (4th ed. 1894).

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