Stallard v Hodson [1969] JJ 1175 (15 October 1969)

Stallard v Hodson [1969] JJ 1175 (15 October 1969)

An employee who, during employment, canvasses the employer's customers with the intention of obtaining their business after termination of employment, breaches the implied duty of faithful service, unless there is an agreement to the contrary.

Citation
[1969] JJ 1175
Parties
Plaintiff: Stallard; Defendant: Hodson
Jurisdiction
Jersey
Judgment Date
15 October 1969
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Restraint of Competition, Implied Duty of Faithful Service, Canvassing Customers
Employment Law Restraint of Competition Implied Duty of Faithful Service Canvassing Customers

Case Brief

Summary, issues, holding and outcome

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Parties

Stallard

Plaintiff

Hodson

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether it is a breach of the implied duty of faithful service for an employee to canvass the employer's customers during employment with the intention of obtaining their business after termination of employment

Ratio Decidendi

An employee who, during employment, canvasses the employer's customers with the intention of obtaining their business after termination of employment, breaches the implied duty of faithful service, unless there is an agreement to the contrary.

Court Disposition

judgment for plaintiff