Category: Restraints and restrictions

Unreasonable restraint covenant: Competition not unlawful

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Protectable interests considered: Restraints and novation

Heritage Financial Consultants (Pty) Ltd v Ramborosa What restraints need to be agreed regarding protectable interests and confidentiality to ensure that they are considered for a restraint order? “44 But this does not...

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Appealing restraint order: Unacceptable grounds

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Restraints unintended consequences: Enforceable and lawful?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

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Protectable interests examined: Unrealistic threat?

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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Restraint provisions dissected: Discharging onus?

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Infringing protectable interests: Restraining order granted

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Enforcing restraint purpose: Protectable interests threat?

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Individual rights examined: LRA s187(1)(c) discussed

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General recollected knowledge: Competition allowed

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Enforcing restraint agreement: Competition and confidentiality

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Complex interdict refused: Court considered interim relief

Big Catch Fishing Tackle (Pty) Ltd v Kemp Complex interdict refused by the high court after considering the rights of employers against former employees including restraints, unlawful competition and the use of confidential...

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