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Restraints of trade agreements revisted: the law and recent developments
The English law traditional approach which deems restraint of trade agreements to be prima facie unenforceable was rejected under the South African legal system, as it was not consistent with the leading contractual law principles, from this the principle that restraint agreements are prima facie en...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2022
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| _version_ | 1867613337989152768 |
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| access_status_str | Open Access |
| author | Singo, Bertha Hloniphile |
| author2 | Le Roux, Rochelle |
| author_browse | Le Roux, Rochelle Singo, Bertha Hloniphile |
| author_facet | Le Roux, Rochelle Singo, Bertha Hloniphile |
| author_sort | Singo, Bertha Hloniphile |
| collection | Thesis |
| description | The English law traditional approach which deems restraint of trade agreements to be prima facie unenforceable was rejected under the South African legal system, as it was not consistent with the leading contractual law principles, from this the principle that restraint agreements are prima facie enforceable until the party seeking to escape the agreement shows that the agreement is unreasonable and contrary to public policy was founded. The application of the principle founded other restraint of trade principles which guide courts when making inquiries on the enforceability of a restraint of trade agreement. To determine whether uniformity existed in the application of the guiding principles of the restraint of trade doctrine in the employment law context, I examined and analysed case law from the year 2015 to 2020 using case law and academic writings. There has been in most of the cases, a uniform approach in the application of principles under the restraint of trade doctrine. Courts guided by constitutional values continue to endorse making value judgments. An important contribution has been regarding the operation of a garden leave clause together with a restraint clause in an employment contract, from which it was observed that where both clauses are included in an employment contract the operation garden leave clause will affect the operation of the restraint clause against an employee. The results from the research demonstrate that there has been in most of the cases, a uniform approach in the application of principles under the restraint of trade doctrine. The dictates of public policy governed by constitutional values which guide the balancing of the interests of the parties remain central to the determination of the enforceability of the restraint of trade agreement. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/36071 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:32.198Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/36071 Restraints of trade agreements revisted: the law and recent developments Singo, Bertha Hloniphile Le Roux, Rochelle Commercial Law The English law traditional approach which deems restraint of trade agreements to be prima facie unenforceable was rejected under the South African legal system, as it was not consistent with the leading contractual law principles, from this the principle that restraint agreements are prima facie enforceable until the party seeking to escape the agreement shows that the agreement is unreasonable and contrary to public policy was founded. The application of the principle founded other restraint of trade principles which guide courts when making inquiries on the enforceability of a restraint of trade agreement. To determine whether uniformity existed in the application of the guiding principles of the restraint of trade doctrine in the employment law context, I examined and analysed case law from the year 2015 to 2020 using case law and academic writings. There has been in most of the cases, a uniform approach in the application of principles under the restraint of trade doctrine. Courts guided by constitutional values continue to endorse making value judgments. An important contribution has been regarding the operation of a garden leave clause together with a restraint clause in an employment contract, from which it was observed that where both clauses are included in an employment contract the operation garden leave clause will affect the operation of the restraint clause against an employee. The results from the research demonstrate that there has been in most of the cases, a uniform approach in the application of principles under the restraint of trade doctrine. The dictates of public policy governed by constitutional values which guide the balancing of the interests of the parties remain central to the determination of the enforceability of the restraint of trade agreement. 2022-03-14T13:53:47Z 2022-03-14T13:53:47Z 2021 2022-03-14T13:52:06Z Master Thesis Masters LLM http://hdl.handle.net/11427/36071 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Commercial Law Singo, Bertha Hloniphile Restraints of trade agreements revisted: the law and recent developments |
| thesis_degree_str | Master's |
| title | Restraints of trade agreements revisted: the law and recent developments |
| title_full | Restraints of trade agreements revisted: the law and recent developments |
| title_fullStr | Restraints of trade agreements revisted: the law and recent developments |
| title_full_unstemmed | Restraints of trade agreements revisted: the law and recent developments |
| title_short | Restraints of trade agreements revisted: the law and recent developments |
| title_sort | restraints of trade agreements revisted the law and recent developments |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/36071 |
| work_keys_str_mv | AT singoberthahloniphile restraintsoftradeagreementsrevistedthelawandrecentdevelopments |