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Contract law
Formation
Capacity
Offer and acceptance
Meeting of the minds2
Abstraction principle4,5
Posting rule1
Mirror image rule
Invitation to treat
Firm offer
Consideration1,4
Implication-in-fact
Collateral contract
Defences
Misrepresentation
Mistake
Threats and unequal bargaining power
Illegality and public policy
Unconscionability
Culpa in contrahendo2
Force majeure
Frustration of purpose
Impossibility
Impracticability
Hardship
Set-off
Illusory promise1
Statute of frauds1
Non est factum1
Unclean hands1
Accord and satisfaction1
Exculpatory clause
Interpretation
Parol evidence3
Contract of adhesion
Integration clause
Contra proferentem
UNIDROIT Principles
Dispute resolution
Choice of law clause
Forum selection clause
Hague Choice of Court Convention
Arbitration
New York Convention
UNCITRAL Model Law
Mediation
Singapore Mediation Convention
Enforcement of foreign judgments
Hague Judgments Convention
Rights of third parties
Privity of contract1
Assignment
Delegation
Novation
Third-party beneficiary
Breach of contract
Anticipatory repudiation
Cover
Exclusion clause
Efficient breach
Deviation
Fundamental breach
Remedies
Specific performance3
Money damages
Liquidated, stipulated, or penal damages3
Rescission
Quasi-contractual obligations
Promissory estoppel1
Quantum meruit1
Unjust enrichment
Restitution
Negotiorum gestio2
Duties of parties
Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B in Canadian contract law6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of Mitchel v Reynolds (1711) Lord Smith LC said,[1]
it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice. If the law has regulated or restrained his mode of doing this, the law must be obeyed. But no power short of the general law ought to restrain his free discretion.
A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business.[2] Restraints of trade can also appear in post-termination restrictive covenants in employment contracts.
^Mitchel v Reynolds (1711) 1 P Wms 181
^Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co [1894] AC 535
and 22 Related for: Restraint of trade information
Restraintsoftrade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor...
the District of Columbia. Section 1: Every contract, combination in the form of trust or otherwise, or conspiracy, in restraintoftrade or commerce among...
regularly prosecuted under various restraintoftrade and conspiracy laws, such as the Sherman Antitrust Act. This pool of unskilled and semi-skilled labour...
up restraint in Wiktionary, the free dictionary. Restraint may refer to: Restraint, or self-control, a personal virtue Medical restraint, form of general...
of individual liberty asserted in this Essay. Restrictions on trade, or on production for purposes oftrade, are indeed restraints; and all restraint...
conspiracy in restraintoftrade". Every contract, combination in the form of trust or otherwise, or conspiracy, in restraintoftrade or commerce among...
of individual liberty asserted in this Essay. Restrictions on trade, or on production for purposes oftrade, are indeed restraints; and all restraint...
case decided by the House of Lords. The dispute was about restraintoftrade, and the judgment declares when such a restraint (which is prima facie void)...
history of the law ofrestraintoftrade, handed down in 1711. It is generally cited for establishing the principle that reasonable restraintsoftrade, unlike...
principle that a restraintoftrade is enforceable unless the court is convinced that it is unreasonable. the leading case on restraintoftrade is Magna Alloys...
common law doctrine ofrestraintoftrade became the precursor to modern competition law. This grew out of the codifications of United States antitrust...
won a case in court against them on restraintoftrade. He left Frankie Goes to Hollywood and the other members of the band were eventually let go by the...
Court held that the Sherman Antitrust Act of 1890's language outlawing "every contract ... in restraintoftrade" was not to be taken literally, but rather...
[1974] 1 WLR 1308 is an English contract law decision of the House of Lords relating to restraintoftrade. Macaulay, a novice songwriter aged 21, entered a...
Combinations of workers should not be liable for conspiracy unless it would be criminal if committed by a single person. The restraintoftrade doctrine in...
them of "unlawful restraintoftrade". He argued that the contract between them was oppressive, but eventually agreed to settle the dispute out-of-court...
show "some proprietary right, whether in the nature of a trade connection or in the nature oftrade secrets" Fitch v Dewes [1921] 2 AC 158 Forster and...
(Pty) Ltd, the Supreme Court of Appeal of South Africa upheld the enforceability of an agreement in restraintoftrade. The unanimous judgment was handed...
parties and the public. Contracts in restraintoftrade if proved to be reasonable can be enforced. When restraint is placed on an ex-employee, the court...
2023), asserting that 6.5-oz. Cokes were sold below cost and were a restraintoftrade. In 1969, owing to Dr Pepper's legal success as being determined a...
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