Issue: Is George permitted to open his own hamburger business under the clause without restrictions.
Law: A restrain of trade is a term that exists within a contact that imposes and limits the ability of one of the parties to participate in certain types of employment or business. The courts identify a restrain of trade as a term that is set out to protect employers and consumers’ in regards to legitimate investments, confidential product and customer’s information. Furthermore, restraints are considered to be invalid unless they are in the consideration of ‘parties and public interest’. Restraining clauses are contracts aimed towards ‘buyer-seller of business, employer – employee and manufacturers – retailers’. Generally courts are more
Law: A restrain of trade is a term that exists within a contact that imposes and limits the ability of one of the parties to participate in certain types of employment or business. The courts identify a restrain of trade as a term that is set out to protect employers and consumers’ in regards to legitimate investments, confidential product and customer’s information. Furthermore, restraints are considered to be invalid unless they are in the consideration of ‘parties and public interest’. Restraining clauses are contracts aimed towards ‘buyer-seller of business, employer – employee and manufacturers – retailers’. Generally courts are more