Landzeal Group Ltd v Kyne - [1990] 3 NZLR 574

Contract — Formation — Plea of non est factum — Contractor agreed to accept employment on terms of document supplied by employer which contained no restraint of trade clause — Contract signed by contractor without his properly reading it contained restraint of trade clause — Whether first document was sufficiently different from signed contract to justify plea of non est factum — Whether contractor was sufficiently careless so as to vitiate plea — Whether contract was void.

Contract — Restraint of trade — Contract of employment — Contractor covenanted with employer not to complete in defined area for 12 months after termination of contract — Whether covenant was unreasonable — Whether period of 12 months was excessive — Whether restraint of trade should be limited to actual customers of employer — Whether restraint of trade clause should be modified.