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Under English law, restraining clauses in employment contracts are enforceable if: [citation needed] There is a legitimate interest which needs to be protected. Examples of such interests include business connections and business secrets. The restraint is reasonable, i.e. sufficiently protects the interest and goes no further.
Following Nordenfelt restraint of trade clauses were prima facie void at common law, but they may be deemed valid if three conditions are met: the terms seek to protect a legitimate interest; the terms are reasonable in scope from the viewpoint of the parties involved; the terms are reasonable in scope from the viewpoint of public policy.
The court found the restraint of trade clause was unreasonable, and modified it to excluding operating within 5 miles, for 3 years. Somers J said "The provisions of s 8 were intended to overcome the annihilating effect of the common law rules about excessive restraints and to alter those rules as to severance".
Addyston Pipe and Steel Co. v. United States, 175 U.S. 211 (1899), was a United States Supreme Court case in which the Court held that for a restraint of trade to be lawful, it must be ancillary to the main purpose of a lawful contract. A naked restraint on trade is unlawful; it is not a defense that the restraint is reasonable.
An "English clause" is a contractual provision requiring a buyer to report any better offer to his supplier and allowing him to accept such offer only when the supplier does not match it. An "English clause" is a vertical restraint under competition law , and can be expected to have the same effect as a single branding obligation, especially ...
Part of the sale agreement was that Leonard agreed to a restraint of trade, that meant he could not compete as a well driller anywhere in New Zealand, for the next 20 years. That was in 1968. Years later, Leonard decided to reenter the well drilling business with his sons. Robert tried to enforce the 20 years restraint of trade clause.
Those encompass additional clauses, including requirements added into contracts by the administration of President Joe Biden, including that recipients must use unionized labor to build factories ...
Magna Alloys & Research (S.A.) (Pty) Ltd. v Ellis [1] is an important case in South African law, particularly contract. It established the principle that a restraint of trade is enforceable unless the court is convinced that it is unreasonable. the leading case on restraint of trade is Magna Alloys and Research ( SA) (PTY) Ltd Vs Ellis 1984 (4 ...