Faccenda Chicken Ltd Vs Fowler Case Analysis

Contract is a kind of legally binding agreement which form between two or more parties and the parties will obtain rights, owe duties and have obligations from the subject matters in the agreement and it frequently occurs in our daily life, such as contract in employment. There is a specific situation arise from the contract which called restraints of trade and it is a clause in a contract which has the fundamental purpose is to prevent a party doing some kind of business activities, profession or employment. However, the courts have never accepted and supported this kind of provision because the restraints of trade were treated as interfering with or prohibiting a party doing their work and reducing business competition which do not conform …show more content…
To begin with, trade secrets is a kind of proprietary interests which belong to the employer and it may a kind of special manufacturing process or a kind of information which the business will rely on and these can only be used in the internal of the business. In Faccenda Chicken Ltd v Fowler, if the information is easily obtain from the public, it will not regard as trade secrets and will not get protection. Furthermore, the use of the office manual is also not a trade secrets because it does not interfere in the proprietary interest in H & R Block Ltd v Sanott and Another. Therefore, in the case of Ronnie, he provides a manual to his employees which excerpt from a published book on carpentry is not a kind of trade secrets. On the contrary, if the information which carried with a obligation of confidence, the employees have the responsibility to keep these information from outsiders during the course of employment and also should keep its confidence and can not disclosure or use it after ceasing the employment contract. Furthermore, even the information is a general knowledge which comes from secret information and is taught to the employee to help them working efficiently and better solving particular problems. This is a kind of trade secrets and should be protected. Hence, the additional training of techniques which is taught to the restoration technicians and developed by Ronnie himself should get protection. Turning to the trade connection or customer goodwill, it is a significant part of a business