Commentary

122.2 General principles relating to restrictive covenants

BUSINESSES vol 4(2) start-up, sale and purchase

122.2 General principles relating to restrictive covenants

| Commentary

These restrictions will be in restraint of trade and thereby unenforceable unless they protect a legitimate business interest and can be shown to be reasonable in the interests of the parties and in the public interest1.

It is accepted that certain types of contract which attempt to restrict a party’s freedom to trade will not be treated as being invalid on grounds of

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