Friday, January 23, 2015

Exceptions of agreement in restraints of trade with reference to Indian and English case laws

Exceptions of agreement in restraints of trade with reference to Indian and English case laws

The Indian Contract Act, 1872, which provides a framework of rules and
regulations, governing the formation and performance of a contract in India
deals with the legality of such non-compete covenants. It stipulates that an
agreement, which restrains anyone from carrying on a lawful profession, trade or
business, is void to that extent. Under section 27 of the Indian Contract Act,
1872 agreements in restraint of trade are void.
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