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Derek Blanche
Member - 2 posts
If an salesman is being sued for breach of a restrictive covenant (for poaching a customer from his former employer), could the salesman's new employer be held vicariously liable for his actions?
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Derek Blanche
Member - 2 posts
Five years ago we contracted a company to provide services to our company.
We could not reach agreement on T&Cs but owing to time pressure had to commence their services without signing a formal agreement.
We have copies of email correspondence regarding our non-acceptance of certain clauses of the contract.
However one clause in the contract which (NOT agreed or signed) stipulates that:
'Authorisation to commence services will be considerered to constitute acceptance of this contract in all its T&Cs unless otherwise specified and agreed in writing'.
Are we bound by this?
Can commencement of services constitute implied acceptance of T&Cs?
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