The Restraint of Trade Doctrine

J D Heydon
2008

 

 

Publisher's description

An in depth analysis of the history and current scope of the restraint of trade doctrine at common law.

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".

Important Features

· Authoritative - written by Justice of the High Court of Australia

· Detailed and scholarly coverage of the restraint of trade doctrine

· Includes an historical perspective

 

Table of 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