2000 Fiscal Year Final Research Report Summary
Research concerning the doctrine of Restraint of Trade in Anglo-American Law
| Project/Area Number |
10620052
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | Kumamoto University |
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Principal Investigator |
ISHIBASHI Hiroshi Kumamoto Univ.Faculty of Law Professor, 法学部, 教授 (70176220)
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| Project Period (FY) |
1998 – 2000
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| Keywords | restraint of trade / restrictive covenants / contract of employment / trade secrets / customers / workforce / 従来員確保 |
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| Research Abstract |
The law concerning restraint of trade in U.K.has changed from time to time, both in form and in spirit, in response to changes in conditions of trade. In modern law all restraints of trade, in the absence of special justifying circumstances, are contrary to public policy and in that sense prima facie void. Special circumstances justifying restrictive covenants is scrutinized with reference to (1) the existence of Legitimate interests meriting protection, (2) the reasonableness between parties, and (3) the reasonableness in the public interest. Especially restrictive covenants in contract of employment are more strictly scrutinized than commercial contracts. And the interests meriting protection is more narrowly defined between employer and employee than buyer and seller. Because two reasons have been given for this distinction. First buyer and seller may bargain on a more equal footing than employer and employee. Second employee is not paid any compensation in return for the covenants in restraint of trade. Thus to establish that the employer has the interests meriting protection, he must show either that the employee has learnt the employer's trade secrets, or that he has acquired influence over employer's customers. And recently the employer's interest is being extended to protect his interest in maintaining a stable, trained workforce.
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Research Products
(4 results)
