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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 ...
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 ...
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.
The General Agreement on Tariffs and Trade regulations on government's influence on trade prohibit export restrictions under normal circumstances; if export restrictions are approved, these restrictions must be non-discriminatory and can only be implemented through tariffs, taxes and fees. However, the government's involvement in voluntary ...
[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 ...
G-3 Free Trade Agreement (G-3) - 1995; International Grains Agreement - 1995; Greater Arab Free Trade Area (GAFTA) - 1997 [4] Dominican Republic–Central America Free Trade Agreement (DR-CAFTA) - 2004; South Asian Free Trade Area (SAFTA) - 2004 [5] East African Community (EAC) - 2005; ASEAN–Australia–New Zealand Free Trade Area (AANZFTA ...