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Unlike disabling restraints, the effectiveness of the lawsuit does not prevent the transfer from being made. However, the Supreme Court says promissory restraints are not permissible. The promissory note discourages the person getting ready to sell the property which is the same effect as the disabling restraint. Forfeiture restraints
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.
In property law, alienation is the voluntary act of an owner of some property to convey or transfer the property to another. [1] Alienability is the quality of being alienable , i.e., the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.
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 alienation clause is common in mortgages, giving a mortgage lender the right to request full and immediate loan repayment when the home is sold or transferred.
Restraint on alienation, in property law, a clause that seeks to prohibit the recipient of property from transferring his or her interest; Restraint of trade, a restriction on a person's freedom to conduct business; Vertical restraints, agreements between firms or individuals at different levels of the production and distribution process
But North Carolina, along with five other states nationwide, still has laws on the books allowing a jilted partner to sue. The allegation of “alienation of affection” now faces NC House ...
After Mill, there was a shift in economic theory, which emphasised a more precise and theoretical model of competition. A simple neo-classical model of free markets holds that production and distribution of goods and services in competitive free markets maximizes social welfare.