Ethics: An International Journal of Social, Political, And Legal ..., volume 26
Ethics: An International Journal of Social, Political, And Legal ..., volume 26
Jstor (Organization)
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Reynolds in 1712. The defendant leased his bake-shop in the parish of St. Andrew's Holbom, to plaintiff for a period of five years, and upon a bond of fifty pounds, agreed not to open a new shop within this time. But he broke his agreement and was sued. Parker, C. J., said that since the contract was limited to a particular place and offered a fair consideration to the plaintiff it should be maintained. But a contract restraining trade generally throughout the kingdom is void, ''being no benefi...t to either party and only oppressive." "The true reasons of the distinction upon which the judgments in these cases of voluntary restraint of trade are founded are: the mischiefs which may arise from them, first, to the party, by the case of his livelihood and the subsistence of his family; secondly, to the public by depriving it of a useful member." The principles of distinction between reasonable and unreasonable restraints of trade are more clearly stated in Homer v. Graves, 1831. The contestants were dentists.
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