1.

State The Test To Determine If A Restraint Of Trade Clause Is Enforceable (basson Test)?

Answer»
  • Is there an INTEREST of ONE party worthy of protection?
  • If so, is that interest threatened by the conduct of the other party?
  • If so, does such interest weigh up against the interest of the other party to be economically active and productive?
  • Is there another aspect of public POLICY that requires that the restraint should be MAINTAINED or REJECTED?



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