1 Comments Commercial law, litigation, contracts, IP, property law
I dont know what you mean by saying no guarantors were signed by the directors. The company is effectively the directors; and the directors must have signed on their own behalf, a company does not do anything except, via its servants.
If the directors of the company signed a restarint of trade clause then the directors of the company are bound by the clause.Staff on the other hand have signed nothing so cannot be estopped.
You can try and argue against it, and say that it restrains their earning capacity and right to earn a living etc etc, try and have the clause rescinded by a court, but the franchisors have every right to hold you to the clause they signed and probably will try and do so.
rambler1 2012-11-14 19:38:53