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Vol 21 No 10 Oct/Nov 2016

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The Restraint of Trade Doctrine 3rd ed


ISBN13: 9780409325843
Previous Edition ISBN: 0409315478
Published: October 2009
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Hardback
Price: Out of print



This authoritative third edition of The Restraint of Trade Doctrine analyses the history and current scope of the restraint of trade doctrine at common law. The work aims to expose not only the detailed rules but also the fundamental principles and functions which underlie their operation.

It is primarily written with the needs of those involved in the day to day application of the law in mind, judges, barristers and solicitors but also caters for academics and their students.

This edition discusses, amongst other things, the following relatively recent problems thrown up by the authorities:-

  • Is an agreement to settle a dispute about a restraint of trade issue immune from the application of the restraint of trade doctrine?
  • Does an employer have an interest in maintaining a stable trained workforce which is protectable by a covenant restraining an ex-employee from poaching continuing employees?
  • Is the composition of a disciplinary tribunal, or the absence of rights of hearing or appeal, relevant to the reasonableness of the rules it applies?
  • What is the relationship between restraint of trade analysis and problems arising from the "grant" of "garden leave".

Subjects:
Other Jurisdictions , Australia
Contents:
An Historical Introduction
Preliminary Matters
Restraints' and the Frontiers of the Restraint of Trade Doctrine
Restraints on Employees: General Matters
Restraints on Employees: Interests Capable of Protection
Employees' Covenants: Rules of Construction
Employees' Covenants: Reasonableness
Goodwill
Non-Ancillary Vertical Restraints
non-Ancillary Horizontal Restraints
Miscellaneous ;