Question
Algol and Altair intend purchasing a rival tourism business from a local entrepreneur. They wish to ensure that he cannot set up a competing travel
Algol and Altair intend purchasing a rival tourism business from a local entrepreneur. They wish to ensure that he cannot set up a competing travel business or tourism venture within 12 months after the purchase or they believe that the investment will not be viable.
Required: Advise Algol and Altair as to how far they can go with respect to restraining the vendors freedom of trade. What if they go too far?
Questions to Consider:
What area of law is the question concerned with?
Is a contract in restraint of trade valid or void?
If a contract in restraint of trade is prima facie void, what does this mean?
How can Algol and Altair protect themselves then? What factors determine whether a restraint is reasonable?
What is the effect on Algol and Altair if the clause they insert is not reasonable?
See Nordenfelt v Maxim Nordenfelt Guns and Ammunition is it a useful precedent here?
It's from Australia.
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