Contract and Trade
Table of Contents Introduction 1 Contracts in Restraint of Trade 1 Case 1: Wrigglesworth v. Wilson Anthony 4 Case 2: Svenson Hair Center Sdn Bhd v. Irene Chin Zee Ling 6 Case 3: Shanghai Hall Ltd v. Town House Hotel Ltd 8 Case 4: Polygram Records Sdn Bhd v. Hillary Ang & Ors & Anor 10 Case 5: Pertama Cabaret Nite Club Sdn. Bhd. v. Roman Tam 12 Case 6: Nagadevan Mahalingam v. Millennium Medicare Services 14 Case 7: Thomas Cowan & Co Ltd v. Orme 16 Case 8: Schmidt Scientific Sdn Bhd v. Ong Han Suan & Ors 17 Case 9: Yong Yok Min v. The Miri Municipal Council 20 Contracts in Restraint of Legal Proceeding – Section 29 21 Case 10: Darshan Singh v. Farid Kamal Hussain 21 Contracts in Restraint of Law in Singapore 23 Case 11: Wong Bark Chuan, David v. Man Financial (S) Pte Ltd 24 Case 12: John Little & Company Ltd v. Wallace 26 Restraint Of Trade Law and Legal Definition for International Countries 27 Case 13: Jefferson Parish Hosp. Dist. No.2 v. Hyde 31 Case 14: Continental TV, Inc. v. GTE Sylvania 33 Case 15: Palmer v. BRG of Georgia, Inc. 36 Bibliography 38
Appendices
Introduction
What is meant by restraint of trade and legal proceeding?
Restraint of trade is restrictions that have been imposed on free trade or limitations on the individual liberty of traders to buy and sell freely. Restraint of trade clauses seek to protect the goodwill and trade secrets of a business and accordingly will seek to prevent staff from one company being poached by a direct competitor. Restraint of legal proceeding is restrictions from enforcing his action or procedure instituted in a court of law to acquire a benefit, interest, or right or to enforce a remedy.
For example, employers are often anxious to guard against direct competition from former employees. The only sure way to guarantee this is to remove them from the marketplace for a limited period of time, and the only way to do this is by means of a restraint of trade clause. Restraint of
Appendices
Introduction
What is meant by restraint of trade and legal proceeding?
Restraint of trade is restrictions that have been imposed on free trade or limitations on the individual liberty of traders to buy and sell freely. Restraint of trade clauses seek to protect the goodwill and trade secrets of a business and accordingly will seek to prevent staff from one company being poached by a direct competitor. Restraint of legal proceeding is restrictions from enforcing his action or procedure instituted in a court of law to acquire a benefit, interest, or right or to enforce a remedy.
For example, employers are often anxious to guard against direct competition from former employees. The only sure way to guarantee this is to remove them from the marketplace for a limited period of time, and the only way to do this is by means of a restraint of trade clause. Restraint of
Bibliography: Akta Kontrak 1950 (Akta 136) & Akta Kontrak Kerajaan 1949 (Akta 120). (2010). Beatrix Vohrah, Wu Min Aun. (2008). The Commercial Law of Malaysia (2nd Edition). Longman Pearson. Jennings, M. M. (1994). Business - Its Legal, Ethical, And Global Environment (Third Edition). Wadsworth, Inc. Jennings, M. M. (2006). Business - Its Legal, Ethical, And Global Environment (Seventh Edition). Thomson West. Lee Mei Pheng & Ivan Jeron Detta. (2009). Business Law. Oxford Fajar Sdn. Bhd. Mumtaj Hassan, Khuzaimah Mat Salleh, Zuryati Mohamed Yusoff. (2003). Undang-undang Perniagaan di Malaysia. Nancy K. Kubasek, Bartley A. Brennan, M. Neil Browne. (2009). Legal Environment of Business (5th Edition). Pearson Education, Inc. CLJ Law Case Law Search. (1997). Retrieved April 1, 2011, from CLJ Law: http://www.cljlaw.com/membersentry/caselawsearch_adv.asp IPSOFACTOJ Search Page. (2000). Retrieved April 1, 2011, from IPSOFACTOJ: http://www.ipsofactoj.com/Search/search-main-auto.htm