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In 2002, at the age of 18 Simon was recruited as a trainee sales adviser for T.C. Caravans Ltd. selling caravans and mobile homes. Over
In 2002, at the age of 18 Simon was recruited as a trainee sales adviser for T.C. Caravans Ltd. selling caravans and mobile homes. Over a number of years Simon received training and support from Tamara, the owner of the business who passed on her considerable knowledge and experience in all aspects of the business. The business expanded and a number of additional sales advisers were recruited and in 2008 Simon was promoted to the position of sales manager. The terms of Simon's new employment contract specified that if his employment with T.C. Caravans Ltd. terminated then he 'would not participate in any sales role for any Company in the motor trade or any other commercial business for a period of 3 years'. Simon developed strong relationships with his customers, many of whom returned to upgrade their vehicles from time to time and relied on Simon's expertise in advising them of the most suitable vehicle for their purposes. In June 2019 Viktor contacted T.C. Caravans Ltd. to discuss the possibility of purchasing a motor home for his family. He had budgeted to spend a maximum of 25,000. After discussions with Simon, Viktor decided to purchase a much bigger and more luxurious model priced at 43,000. Simon had suggested that Viktor could pay 25,000 on delivery of the vehicle and then pay the remaining 18,000 in 3 instalments of 6,000 each, payable in September, November and January. The motor home was delivered in July 2019 and Viktor paid the initial 25,000. He also paid the first instalment of 6,000 in September 2019 but this was the final payment that he made. Simon contacted Viktor to discuss the missed payments and outstanding 12,000 and in March 2020 he eventually received a letter from Viktor which enclosed a cheque for 2,000 and stated: 'I am unable to pay the outstanding balance on the motor home but I am willing to offer you 2,000 in full and final settlement of this debt. If you agree to this offer you have authority to present this cheque to your bank and I will then assume that this debt has been paid.' Daisy, the cashier at T.C. Caravans Ltd. opened the letter and immediately put the cheque with other payments that had been received to bank later that day (following their normal business practice). She then placed the letter on Simon's desk for him to deal with. Simon was away from the office for 2 days attending an interview for a post as Sales Manager for CV Ltd., a Commercial Van Co on double his current salary. Simon did not read the letter until he returned, by which time the cheque had been banked. Simon is offered the Sales Manager post and would like to take it. Before leaving T.C. Caravans Ltd. he would like to recover the outstanding 10,000 payment from Viktor. Advise Simon of the legal position in relation to 1 : his employment offer from CV Ltd. and 2 : whether he can recover the outstanding 10,000 from Viktor
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