Legal Aspects of Contracts Administration (77942) Presentation

This presentation analyzes a contract law scenario involving a restraint of trade clause. It examines the legal rights and obligations of both the plaintiff (Padmapalasaki and Chandrakantha) and the defendant (Priya) in the context of a dispute over a non-compete agreement. The presentation discusses relevant case law, such as Freedom Finance Accounting Pty Ltd v Goldstein, and the enforceability of restrictive trade clauses. It also explores practical steps the parties could have taken to avoid the dispute, including considering alternative dispute resolution methods like commercial mediation. Furthermore, the presentation addresses ethical issues, emphasizing the importance of compassion and compromise between the parties. The defendant's argument for court proceedings, alternative dispute resolution approaches, and ethical considerations are all thoroughly addressed, providing a comprehensive overview of the legal and practical aspects of the case.

Restraint of Trade

Defendant’s argument for Court
proceeding
• Freedom Finance Accounting Pty Ltd v Goldstein [2017] VSC 179 – it
was held that Restrictive Trade clause is important.
• The clause was neither against the other party nor against public
policy.
• The plaintiff consented and signed the agreement.
• However, plaintiff breached the contract before completion of 5
years.
• Plaintiff is liable to pay damages for such breach.

Defendant’s approach for Alternative
Dispute Resolution
• Alternative Dispute Resolution – a method to resolve disputes outside
the periphery of the Court.
• Parties should opt for Commercial Mediation to settle the dispute
between themselves.
• Defendant should negotiate with plaintiff for not serving Indian
cuisine.
• Defendant should negotiate business hours.

Ethical issues
• Parties must look into each other’s ethical dilemma.
• Defendant to show compassion toward plaintiff for him being out of
job for 3 years, which is a sorry state for any person.
• Plaintiff, on the other hand should not serve Indian dishes, as that
would give unwanted competition to the defendant’s business.
• It is a critical condition for both the parties, which they need to
understand and compromise for their own benefit.

References
• Freedom Finance Accounting Pty Ltd v. Goldstein [2017] VSC 179
• Goldberg, S.B., Sander, F.E., Rogers, N.H. and Cole, S.R., 2014. Dispute
resolution: Negotiation, mediation and other processes. Wolters
Kluwer Law & Business.

Thank you