Podcast
Questions and Answers
According to common law, how were contracts involving restraint of trade initially treated?
According to common law, how were contracts involving restraint of trade initially treated?
- As contracts enforceable without justification
- As contracts of imperfect obligation
- As contracts benefiting the public policy
- As contracts void for all purposes (correct)
What is required for a restraint of trade to be enforceable under common law?
What is required for a restraint of trade to be enforceable under common law?
- Complete absence of justification
- Justification based on public interest only
- Justification solely for the party imposing the restraint
- Justification based on the interests of the parties and the public (correct)
In the Nordenfelt v Maxim Nordenfelt case, what was stated as the only sufficient justification for a restraint of trade?
In the Nordenfelt v Maxim Nordenfelt case, what was stated as the only sufficient justification for a restraint of trade?
- Adequate protection for the party imposing the restraint
- Reasonableness in terms of party interests and public interest (correct)
- Injurious nature towards the public
- Reasonableness with regards to public opinion
What does common law require when considering if a restraint of trade is justifiable?
What does common law require when considering if a restraint of trade is justifiable?
What criteria must a restraint of trade meet to be considered reasonable under common law?
What criteria must a restraint of trade meet to be considered reasonable under common law?
Why were contracts involving restraint of trade initially considered against public policy according to common law?
Why were contracts involving restraint of trade initially considered against public policy according to common law?
In Malaysia, an agreement restraining an advocate and solicitor from practicing within a specified limit after the termination of his service agreement is void because it...
In Malaysia, an agreement restraining an advocate and solicitor from practicing within a specified limit after the termination of his service agreement is void because it...
According to Polygram Records Sdn Bhd v The Search, which type of restrictions imposed during the currency of a contract are considered valid?
According to Polygram Records Sdn Bhd v The Search, which type of restrictions imposed during the currency of a contract are considered valid?
What type of covenant is considered a restraint upon the manner of trading according to Hua Khiow Steamship Co Ltd v Chop Guan Hin?
What type of covenant is considered a restraint upon the manner of trading according to Hua Khiow Steamship Co Ltd v Chop Guan Hin?
Under which section of the law are agreements in restraint of legal proceedings considered void?
Under which section of the law are agreements in restraint of legal proceedings considered void?
What is allowed under the Scott v Avery clause in relation to legal agreements?
What is allowed under the Scott v Avery clause in relation to legal agreements?
According to Section 27, why are agreements in restraint of marriage considered void?
According to Section 27, why are agreements in restraint of marriage considered void?
What is the key issue when considering the reasonableness of a restraint in relation to the sale of goodwill of a business?
What is the key issue when considering the reasonableness of a restraint in relation to the sale of goodwill of a business?
In the context of restraint of trade, which situation involves 'post-contractual restraint'?
In the context of restraint of trade, which situation involves 'post-contractual restraint'?
According to the information provided, are common law criteria considered when evaluating the reasonableness of a restraint?
According to the information provided, are common law criteria considered when evaluating the reasonableness of a restraint?
In which situations do 'local limits' need to be reasonable according to the text?
In which situations do 'local limits' need to be reasonable according to the text?
What differentiates between 'post-contractual restraint' and 'exclusive service covenants' in terms of being a restraint of trade?
What differentiates between 'post-contractual restraint' and 'exclusive service covenants' in terms of being a restraint of trade?
