Restraint Of Trade in United States
Restraint Of Trade Definition
Restriction of freedom of traffic. Restraint of trade of individuals may be general, or may be partial,’ in being limited as to time or territory. Contracts in general restraint of trade are void (8 Mass. 223) ; while those in partial restraint are valid (42 N. J. Eq. 185; 11 Ohio St. 349; 68 N. Y. 300), unless the time be so long, or the territory so extensive, that it amounts to a general restraint (36 Cal. 342). Contracts or combinations which operate in restraint of public trade are ordinarily void, though the restraint be put partial. 68 N. Y. 558.
Restraint Of Trade in Foreign Legal Encyclopedias
| Link | Description |
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| Restraint Of Trade | Restraint Of Trade in the World Legal Encyclopedia. |
| Restraint Of Trade | Restraint Of Trade in the European Legal Encyclopedia. |
| Restraint Of Trade | Restraint Of Trade in the Asian Legal Encyclopedia. |
| Restraint Of Trade | Restraint Of Trade in the UK Legal Encyclopedia. |
| Restraint Of Trade | Restraint Of Trade in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Restraint Of Trade
Scan Restraint Of Trade in the appropriate area of law:
| Link | Description |
|---|---|
| Restraint Of Trade | Restraint Of Trade in the Family Law Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the IP Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Commercial Law Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Criminal Law Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Antritrust Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Tax Law Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Restraint Of Trade | Restraint Of Trade in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Restraint Of Trade related entries | Find related entries of Restraint Of Trade |
Legal Issue for Attorneys
Restriction of freedom of traffic. Restraint of trade of individuals may be general, or may be partial,’ in being limited as to time or territory. Contracts in general restraint of trade are void (8 Mass. 223) ; while those in partial restraint are valid (42 N. J. Eq. 185; 11 Ohio St. 349; 68 N. Y. 300), unless the time be so long, or the territory so extensive, that it amounts to a general restraint (36 Cal. 342). Contracts or combinations which operate in restraint of public trade are ordinarily void, though the restraint be put partial. 68 N. Y. 558.
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Notice
This definition of Restraint Of Trade Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Finding the law: Restraint of Trade in the U.S. Code
A collection of general and permanent laws relating to restraint of trade, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines restraint of trade topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.
Resources
See Also
Antitrust Laws ; Fair-Trade Laws ; Government Regulation of Business.
Antitrust Law; Combination in Restraint of Trade.
Further Reading (Books)
Gellhorn, Ernest, and Kovacic, William E. Antitrust Law and Economics in a Nutshell. 4th ed. St. Paul, Minn.: West, 1994.
Hovenkamp, Herbert. Enterprise and American Law, 1836_1937. Cambridge, Mass.: Harvard University Press, 1991.
Kinter, Earl W. Federal Antitrust Law: A Treatise on the Antitrust Laws of the United States. Volume 1: Economic Theory, Common Law, and an Introduction to the Sherman Act. Cincinnati, Ohio: Anderson, 1980.
Jones, Eliot. The Trust Problem in the United States. New York: Macmillan, 1921.
Shaffer, Butler D. In Restraint of Trade: the Business Campaign against Competition, 1918_1938. Lewisburg, PA: Bucknell University Press, 1997.
Kimberly A.Hendrickson
Further Reading (Articles)
Restraint Of Trade., Mondaq Business Briefing; August 17, 2008; Ottley, Richard
Preserving your business through restraint of trade clauses., Mondaq Business Briefing; February 20, 2011
Restraint of Trade Clauses: Getting It Right: There Is Reluctance by the Courts to Enforce a Restraint of Trade Clause against an Employee Unless There Is a Genuine Business Interest to Be Protected. Matthew Bearing Has More, NZ Business; October 1, 2013; Dearing, Matthew
Restraint Of Trade – Recent Decisions., Mondaq Business Briefing; April 23, 2007; Paten, Jessica
How do courts enforce restraint of trade clauses?, Mondaq Business Briefing; August 14, 2011
Sportsbet V Carpanini – Another Warning about Restraint of Trade Clauses in Employment Contracts, Mondaq Business Briefing; May 4, 2014; Hart, Josephine
Deal or no deal? Three recent cases demonstrate that restraint of trade clauses are still a minefield.(HRX Holdings Pty Ltd v Pearson)(Birdanco Nominees Pty Ltd v Money)(Wallis Nominees (Consulting) Pty Ltd v Pickett), Mondaq Business Briefing; May 9, 2012
Injunctions: still a powerful tool for restraint of trade.(Red Bull Australia Proprietary Ltd.)(Calidris Australia), Mondaq Business Briefing; October 30, 2011
Restraint of Trade Clauses – Pushing the Limits?, Mondaq Business Briefing; September 1, 2012
Agreements for the payment of introduction fees on recruitment may fall foul of the restraint of trade principles., Mondaq Business Briefing; October 28, 2010
To Restrain or Not to Restrain? Restraint of Trade in Employment Contracts, Mondaq Business Briefing; June 16, 2012; O’Halloran, Paul
Interlocutory Relief for Restraint of
Trade Clauses – Red Bull Australia Pty Ltd V Stacey, Mondaq Business Briefing; April 19, 2013
Restraint of trade agreements.(Network), The Mercury (South Africa); July 11, 2007
Forfeiture-on-Resignation Provision in Long-Term Incentive Plan Not A Restraint of Trade, Mondaq Business Briefing; January 16, 2014; Teichman, Lyle
Two Topics Relating to Restraint of Trade in Employment: Practical Alternatives to Restrictive Covenants and the Impact of Restrictive Covenants on Reasonable Notice, Mondaq Business Briefing; May 7, 2014; Dixon, Valerie
Price Tags on Competition Are A Restraint of Trade: The Functional Approach to Permissive Non-Compete Clauses Prevails in British Columbia, Mondaq Business Briefing; April 29, 2014; Kalogiros, Kosta
Case 2: Restraint of Trade, The Independent on Saturday (South Africa); March 15, 2014
Court Of Appeal Agrees That Agreement For Wayne Rooney’s Image Rights Was In Restraint Of Trade., Mondaq Business Briefing; January 16, 2012
Costs, Competition and Restraint of Trade Clauses in Commercial Contracts, Mondaq Business Briefing; July 3, 2014; Kordic, Paul
Restraining the restraint of trade doctrine., Australasian Business Intelligence; April 9, 2002
Restraint Of Trade in State Statute Topics
Introduction to Restraint Of Trade (State statute topic)
The purpose of Restraint Of Trade is to provide a broad appreciation of the Restraint Of Trade legal topic. Select from the list of U.S. legal topics for information (other than Restraint Of Trade).
Resources
Further Reading
- Information about Restraint Of Trade in the Gale Encyclopedia of American Law.
Restraint of Trade in the International Business Landscape
Definition of Restraint of Trade in the context of U.S. international business and public trade policy: An attempt by a company or companies to stifle or eliminate competition.
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