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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix "A"

Working Paper 4 (1969) - Covenants in Restraint of Trade

Appendix "A"

History of this Reference (Digest)

CONVEYANCING ACT, PART VI - COVENANTS AND POWERS.

DIVISION 5 - Restraint of Trade.

Insert new section 89A as follows:-

Restraint of trade 89A. (1) A promise in restraint of trade shall be valid and enforceable to the extent, but only to the extent, to which it is not against public policy.

 

 (2) For the purposes of subsection one of this section, a promise in restraint of trade shall be severable in respect of time, place, nature of restraint and otherwise, whether or not the promise is in severable terms.

(3) Subsections one and two of this section do not affect any question concerning the validity or enforceability of a promise in restraint of trade, other than questions arising on grounds of public policy.

(4) This section applies to a promise in restraint of trade made after the commencement of the Conveyancing (Amendment) Act, 1969.

(5) This section applies notwithstanding any stipulation to the contrary.

 




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