Common Law Restraint of Trade

2021 ◽  
Keyword(s):  
Common Law ◽  
Restraint Of Trade

11. Illegality

2020 ◽  
pp. 405-434
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Public Policy ◽  
Supreme Court ◽  
Final Section ◽  
Common Law ◽  
The Supreme Court ◽  
The Common ◽  
Restraint Of Trade

This chapter considers what counts as illegality and the effect of illegality on a contract (and consequent restitution). The approach of the Courts to illegality has been transformed for the better, and simplified, by the Supreme Court in Patel v Mirza in 2016. Illegal conduct, tainting a contract, can vary widely from serious crimes (eg murder) to relatively minor crimes (eg breach of licensing requirements) through to civil wrongs and to conduct that does not comprise a wrong but is contrary to public policy. As regards the effect of illegality, where a statute does not deal with this, the common law approach is now to apply a range of factors. A final section of the chapter examines contracts in restraint of trade.

Criminal Conspiracies in Restraint of Trade at Common Law

1910 ◽  
Vol 23 (7) ◽  
pp. 531
Author(s):  
Arthur M. Allen
Keyword(s):  
Common Law ◽  
Restraint Of Trade

15. Illegality

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Common Law ◽  
Public Life ◽  
Case Law ◽  
Final Report ◽  
Sports Management ◽  
Administration Of Justice ◽  
The Law ◽  
Sexual Immorality ◽  
Restraint Of Trade ◽  
Law Commission

This chapter explores the illegality of contracts. Contracts which may fall within the scope of the restraint of trade doctrine are considered, including the Court of Appeal’s approach in Proactive Sports Management Ltd v Rooney. The chapter also looks at other reasons why a contract may be declared illegal or void at common law, such as grounds of public policy. Policy factors and the illegality defence are explored in light of recent case law and the Law Commission Final Report ‘The Illegality Defence’. Useful case law illustrations demonstrate how the courts have dealt with the issues surrounding illegality in a range of contexts, such as contracts to commit an unlawful act, contracts promoting sexual immorality, contracts prejudicial to the interests of the state, contracts prejudicial to the administration of justice and contracts promoting corruption in public life. The consequences and effects of impropriety and illegality are also looked at. The landmark case of Patel v Mirza [2016] UKSC 42, and its impact on the law, is also explored in this chapter.

Restraint of Trade: Common Law: Patents

1917 ◽  
Vol 5 (5) ◽  
pp. 425
Author(s):  
A. M. K.
Keyword(s):  
Common Law ◽  
Restraint Of Trade

23. The common law and competition

2019 ◽  
pp. 556-568
Author(s):  
Sandra Marco Colino
Keyword(s):  
Common Law ◽  
Competition Law ◽  
Contract Law ◽  
The Public ◽  
Public Regulation ◽  
The Common ◽  
Restraint Of Trade

This chapter considers the areas in which the operation of the common law impacts upon issues that are closely related to the public regulation of competition. Certain doctrines of common law may be applied to situations in which competition is being restrained, or to competitive conduct. Common law doctrines in antitrust are becoming less important following the growth of modern competition law. The restraint of trade doctrine remains vibrant, and is often relied on in professional disputes. Restraint of trade is a doctrine of contract law under which certain contracts are unenforceable if they unreasonably restrain the activity of a party after the termination of the main contract. A number of rarely used torts may also be relevant to certain competitive situations.

The Common Law on Restraint of Trade

1923 ◽  
Vol 1 (4) ◽  
pp. 451
Author(s):  
Theodore C. Bartholomae
Keyword(s):  
Common Law ◽  
The Common ◽  
Restraint Of Trade
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