The company sought interdict against an insurance agent who had left their service, to prevent him from trying to induce their other agents to leave and their customers to transfer their insurances. The agent’s written contract of employment did not contain any prohibition of this type of conduct but the contract had followed on a letter of application by the agent in which he had expressly agreed that, on the termination of the engagement, he would ‘not interfere with the Company’s agents, assurants, or business in any way whatever’.
Held: This was part of the contract: ‘It may not have been incorporated in the document which announced the respondent’s appointment, and in doing so professed to set out the terms of employment. But it was included in his application, and was at least a collateral undertaking on the faith of which he must be held to have been employed.’
Judges:
Lord Kyllachy
Citations:
(1900) 8 SLT 67
Jurisdiction:
Scotland
Contract
Updated: 09 May 2022; Ref: scu.223193