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The Law on agreements in restraint of trade has changed as a result of this decision. Prior to the Magna Alloys case, South African courts have accepted that an agreement in restraint of trade is contrary to public policy and therefore void, unless it can be shown that the restraint is reasonable.
An agreement in restraint of trade that is contrary to public policy is not void, but is unenforceable. A restraint-of-trade clause is contrary to public policy if the consequence of the restraint is unreasonable. In Basson v Chilwan, the court formulated a test for determining whether an agreement in restraint of trade is reasonable:
Ahead of the beginning of Reddy's contract at Ericsson on 1 March 2006, the High Court of South Africa heard an urgent application to enforce the restraint of trade agreement. Blieden J obliged, and Reddy appealed to the Supreme Court of Appeal , where the matter was heard on 10 November 2006.
David Crouch Marketing CC v Du Plessis is a decision in South African labour law, handed down on 17 June 2009. The case was heard on 21 May 2009 in the Labour Court of South Africa, sitting in Johannesburg, by Judge Annali Basson. It concerned the enforceability of agreements in restraint of trade.
A restraint of trade is simply some kind of agreed provision that is designed to restrain another's trade. For example, in Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co., [2] a Swedish arms inventor promised on sale of his business to an American gun maker that he "would not make guns or ammunition anywhere in the world, and would not ...
Automotive II Tooling Systems (Pty) Ltd v Wilkens & others was an important case in South African labour law, in which the Supreme Court of Appeal of South Africa confirmed the principle that a restraint of trade would be considered unreasonable and contrary to public policy, and thus unenforceable, if it does not protect some legally recognisable interest of the employer and merely seeks to ...
[citation needed] The use of licensing systems as an instrument for foreign trade regulation is based on a number of international level standards agreements. In particular, these agreements include some provisions of the General Agreement on Tariffs and Trade (GATT) / World Trade Organization (WTO) such as the Agreement on Import Licensing ...
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