Cases

Ryder v Nicholl & Anor

Facts

Negotiations in relation to a management agreement were initially conducted between the Appellant's solicitor and the Respondents' solictors. The First Respondent then approached the Appellant directly. The Appellant signed the agreement put to him by the Respondent. This soon came to the knowledge of the Appellant's solicitor, who considered the agreement to be unreasonably in restraint of trade, but who made no objection at the time, believing the Respondents to be the best prospect that the Appellant had of reviving his career. Later the Appellant and the Respondents fell out, and the Appellant refused to continue to be bound by the agreement. The Respondents brought an action for breach of contract. The Appellant defended this on the basis of restraint of trade and undue influence. The judge held that although both of these defences were made out, the Appellant had affirmed the contract.

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