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Essay Details:
Essay text:
Clause 17 of the contract between the two men stipulated that at completion of the business sale, Redgrave would not operate a business involving sports shoe retail for a period of 5 years within a radius of 250km from Hurd’s business location. Six months after the sale was completed, Redgrave opened a new business selling sports shoes in the same town as Hurd, within the 250km radius.
Issue: Is Redgrave able to be sued by Hurd for breaking clause 17 of their contract?
Law: At common law, clauses in restraint of trade are considered void. Individuals should be allowed a reasonable degree of freedom in carrying on their trade, this is in interest of the public and parties...
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