Wyatt v Kreglinger and Fernau: CA 1933

An employer agreed to grant the employee a gratuitous pension payable by monthly instalments upon retirement on condition that he did not compete with the employer.
Held: When considering whether a provision operates in restraint of trade, there is no relevant difference between a contract that a person will not carry on a particular trade and a contract that if he does not do so he will receive some benefit to which he would not otherwise be entitled.


[1933] 1 KB 793


England and Wales

Cited by:

CitedMarshall v NM Financial Management Ltd ChD 10-Jul-1995
A post-termination restriction on an employment was in restraint of trade and ineffective despite a payment having been made for the restriction. The agent was not entitled to any commission after termination under the relevant clause.
Mr . .
Lists of cited by and citing cases may be incomplete.


Updated: 12 April 2022; Ref: scu.509122