Case Study

Brian Jackson runs a private taxi business. He has seen an advertisement on a website that publishes the sale of many different types of products. Brian in interested in a taxi license that is for sale in the municipality he works in. The license is being sold at 130,000 Euros. He contacts the seller and makes an offer of 110,000 Euros as he believes that given the economic climate the owner will be interested in a quick sale. Brian and the owner ultimately come to an agreement, for a higher price than Brian's initial offer, on the condition that the seller provides Brian with his client list and that he agrees not to contact these clients within the 1 year period following the sale of the license.

Answer the following questions:

1. Provide a brief description of the key areas of law dealt with in the case study.
2. Imagine that the seller tells Brian that he accepts his initial offer of 130,000 Euros, but then goes on to sell the taxi to a third party. What is the legal position on whether or not Brian has the right to be sold the taxi?
3. What will the courts consider when looking at the fairness of the restraint of trade clause?
4. What legal action could Brian take if the seller went on to offer his services to the clients on the list provided prior to the end of the 1 year?
5. Explain two alternatives to going to court that Brian has to resolve any dispute that may arise.
6. Explain which court in UK would hear this case and why the case would be heard there. How would Brian know that he is being sued and what should he do?