RESTRAINT OF TRADE The doctrine of restraint of trade is a legal device to attempt to hold the balance between two competing factors - an employee’s freedom to take employment as and when he wishes, and an employer’s interest in preserving certain aspects of his business. Both factors are important, and indeed the law will protect the employer if necessary by the implication of the term fidelity in the contract of employment thereby restraining the employee inter alia from divulging confidential
Words: 4446 - Pages: 18
AGREEMENT IN RESTRAINT OF TRADE CONTRACTS TABLE OF CONTENT * INTRODUCTION * TYPICAL RESTRICTIVE CLAUSE * KINDS OF RESTRAINT * RESTRAINT OF TRADE UNDER THE COMMON LAW * EMPLOYER MUST HAVE A VALID INTEREST * RESTRAINT MUST BE REASONABLE * EXCEPTION * CONTRACTS OF EXCLUSIVE DEALING * RESTRAINTS ON SONGWRITERS AND OTHER ENTERTAINERS * IS RESTRAINT GOOD OR
Words: 7193 - Pages: 29
Providing for restraint on employment in the employment contracts of the employees in the form of confidentiality requirement or in the form of restraint on employment with competitors is a common practice. However, this hinders the right of the employee to work and carry out the desired profession. While determining whether such covenant is in restraint of trade, business or profession or not, the courts take a stricter view in employer-employee contracts than in other contracts, such as partnership
Words: 1033 - Pages: 5
building work, but the finished product proved unsatisfactory. ADJ had to spend a large sum of money to remedy the defects and would like to sue XY Partnership for liquidated damages for the delay in completion and the shoddy workmanship. The employment contract of Jack, the Senior Sales Manager of ADJ, included a clause 9 stating that if he left the company he would not compete with it for a period of 5 years from the date of leaving, within a radius of 16 km of the company’s operations at Suntec
Words: 1559 - Pages: 7
Anti-Trust Law and Monopoly; Restraint of Trade Anti-trust laws encourage competition by “leveling the playing field”. These laws are intended to prevent large companies who have already established themselves from using their size and leverage to prevent competitors from entering their markets. The Sherman Act addresses unfair strategies in two different ways: Section 1 forbids restraint of trade and Section 2 forbids the misuse of monopoly power. Section 1 requires two or more persons conspiring
Words: 897 - Pages: 4
Contract employment LEGAL ENVIRONMENT AND INDUSTRIAL LEGISLATIONS [Type the phone number] [Type the fax number] [Pick the date] DIVYA.R ABSTRACT The purpose of this study is to 1) Define contract employment and outline its importance. 2) To discuss employee’s perception about contract employment. 3) To discuss the future of contract employment in India. INTRODUCTION CONTRACT OF EMPLOYMENT DEFINITION A contract of employment is a bilateral agreement for the exchange
Words: 1914 - Pages: 8
a barrier restricting trades that relates to imports. The use of non-tariff barriers is on the rise today, and it overshadows the use of tariff barriers to trade. They help in the protection of the health, safety, sanitation and depletion of natural resources that may affect the wellbeing of the citizens. Though some non-tariff barriers do not directly relate to the regulations of foreign trade, they have a significant effect on the economic activities in the foreign trades. There are various non-tariff
Words: 2603 - Pages: 11
Module: MGT 3000 Human Resources and Entrepreneurship Title: “Owner-managers of SMEs can determine the employment relationships within their own business.” Considering both the internal and external influencing factors, draw on relevant literature to discuss this statement critically Word Count: 2162 (excluding references) Employment relationship is a legitimate concept commonly adopted around the globe refering to the link between employees, or workers, and employer, which employees
Words: 2499 - Pages: 10
reached between organised employees and management representatives. The principal feature of collective bargaining is that terms and conditions of employment are determined collectively, not individually. Social Partnership essentially describes negotiations between the Government, representatives of trade union confederations (Irish Congress of Trade Unions), and Employers Confederation (IBEC), and the Irish government about wages and other issues. From 1988 to date Ireland has had 7 different
Words: 525 - Pages: 3
or free trade, as in North American Free Trade Association (NAFTA). There are different levels of integration and each level is dependent on a certain benchmark. The description for the different levels is the disadvantages and advantages of regional integration and the platform for how economic development connects with certain business opportunities. The Advantage of NAFTA The North American Free Trade Agreement also known as NAFTA is an effective trade agreement
Words: 529 - Pages: 3
