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Restraint of Trade is an accessible examination of the law relating to restraint of trade between employers and employees. It explains how restrictive covenants work in practice, both during and after employment. The author first examines express clauses, looking at the six principal problems which may be faced when considering whether a covenant potentially in restraint of trade is enforceable or not after termination of employment: Does the clause protect a legitimate proprietary interest which will normally be a trade secret or trade connection? Is the clause reasonable between the parties? Is the clause reasonable in the public interest (an issue not normally relevant in employment law)?...
First published in 1971, this second edition of a text for practitioners, teachers and students has been revised and updated. Deals with statutory modifications to the remedy of severance in NSW and New Zealand and also with a number of significant decisions in the High Court of Australia, the House of Lords, the Privy Council , the New Zealand Court of Appeal and the Supreme Court of Canada. Includes a table of cases, a table of statutes and an index.
Excerpt from Contracts in Restraint of Trade Since the publication of the last edition of this short treatise the application of the restraint of trade doctrine as between employer and employed has been modified in no small degree by the trend of modern decisions. The days of Shylock and his bond are over, and the quality of mercy is now strained in favour of the employe. This branch of the law relating to restraints contained in service agreements has recently been the subject of an important decision of the House of Lords in Mason's Case. But there is another and even more interesting aspect of the doctrine which within the last year has been considered both by the House of Lords and by th...
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Practical advice on all drafting and litigation problems associated with restraint of trade is provided by this comprehensive handbook. Detailed guidance is given on such aspects as: employment contracts; business sales; partnerships and joint ventures; breach of contract; and commercial contracts.