Case Notes: Restraint of Trade Clauses: Anything New from the Courts?

Author Monray Marsellus Botha

ISSN: 2413-9874
Affiliations: Professor, Private Law, Faculty of Law, University of Johannesburg
Source: Industrial Law Journal, Volume 44 Issue 2, 2023, p. 734 – 746


Restraint of trade agreements are not new. Recently the courts have been faced with deciding various challenging issues in this respect, such as whether a pandemic has an impact on the enforceability of a restraint, and whether a restraint of trade should be amended based on public policy which imports values of fairness, reasonableness, and justice. This note revisits the general principles governing restraint of trade agreements as a background to examining the latest trends in such cases.