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A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business. [2] Restraints of trade can also appear in post-termination restrictive covenants in employment contracts.
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions [1] [2] to solve or address relevant and real-world problems, guided by a conception [3] and often implemented by programs.
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
If based on an illegal purpose or contrary to public policy, a contract is void. This principle is codified by Article 3.3.1 of the Principles, which provides that: [ 5 ] Where a contract infringes a mandatory rule; [ g ] whether of national, international, or supranational origin; the effects of that infringement upon the contract are the ...
Views on public morality do change over time. Public views on which things are acceptable often move towards wider tolerance. Rapid shifts the other way are often characterised by moral panics, as in the shutting down of theatres a generation after Shakespeare's death by the English Puritans. It may also be applied to the morals of public life.
The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.
Justice Russell Brown, in a concurring opinion, argued that the arbitration clause was unenforceable because it effectively denied Heller access to justice and was therefore contrary to public policy. [21] In Harry v. Kreutziger (1978), [22] Harry was a First Nations Aboriginal with a congenital partial hearing defect. A commercial fisherman ...
In political science, political apathy is a lack of interest or apathy towards politics. [1] This includes voter apathy, information apathy [2] and lack of interest in elections, political events, public meetings, and voting.