Restraint of trade establishes as a general rule that restraint-of-trade-clauses are void at common law, except when they protect a legitimate interest and are reasonable in scope.
They said that the doctrine applied only if a man contracted to give up some existing freedom which he had. The court said that the tendering to obtain a contract is not in the nature of a trade or calling.
Lye Parasullah Malik v. Restraint of trade may also be in violation of government regulations. In Mason v. This was held to be contrary to the provision of Section A Service contract carried a clause to the effect that the employee was not to disclose confidential information to any person after cessation of employment with the employer and was not to take up any employment or involve himself with any other person a body corporate in similar field of activity which was of competitive nature.
A similar agreement may be made by partners upon or in anticipation of dissolution by which they may restrain each other from carrying on business similar to that of the firm It is necessary for the validity of a restraint under Section 36 or 54 that; 1.
LORD PEARCE laid down: The doctrine does not apply to ordinary commercial contracts for the regulation and promotion of trade during the existence of the contract provided that any prevention of work outside the contract viewed as a whole is directed towards absorption of the parties services and not their sterilisation.
The Court proceeded on the illustrations c and d of S.
In more recent cases, court continue to base their rulings on the Mitchel framework, but attention has turned to such issues as "necessary to do what? The injunction issued against him is restricted as to time, the nature of employment and as to are and cannot therefore be said to be too wide or unreasonable or unnecessary for the protection of the interest of the respondent company.
Any breach of such clauses on the part of employee can be treated as a misconduct. The non-compete may come into play during the employment term or thereafter.