It’s common for contracts to contain a ‘Restraint of Trade’ Clause.
There are many different kinds of Restraint of Trade clauses. For example, there are non-compete clauses for employees, business partners and non-disclosure clauses preventing the distribution of certain information. Employment contracts and consultancy agreements often contain Restraint of Trade Clauses.
A question I am often asked is: “Would a Restraint of Trade clause be enforceable if it was breached?”
The answer isn’t a simple yes or no.
This week on YOU LEGAL TV, we consider some of the factors a Court might take into account when deciding whether to up-hold the clause.
You can also learn more about Restraint of Trade Clauses in our blog post on our blog post on Restraint of Trade Clauses in Commercial Agreements.
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* This blog is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.