ABSTRACT

The rules that apply in this area are reasonably well settled, and questions on restraint of trade, in particular, should not provide too much difficulty. One problem in answering such questions, however, arises from the fact that whether a restraint is enforceable or not will depend on whether it is regarded as ‘reasonable’ in all of the circumstances. This means that it is difficult to give a firm and definite answer. What must be done, however, is to give some answer, albeit qualified, and to back it up with reasons drawn from past decisions, or the facts of the problem itself, or both.