Restraint - Law Dictionary Search Results
Home Dictionary Name: restraintrestraint of trade
restraint of trade 1 : an act, fact, or means of curbing the free flow of commerce or trade [covenant not to compete with an employer after leaving is in restraint of trade and must be reasonable to be enforced] 2 : an attempt or intent to eliminate or stifle competition, to effect a monopoly, to maintain prices artificially, or otherwise to hamper or obstruct the course of trade and commerce as it would be if left to the control of natural and economic forces [the Sherman Antitrust Act declared every contract, combination, and conspiracy in restraint of trade to be illegal] ;also : the means (as a contract or combination) employed in such an endeavor see also horizontal restraint, per se rule, rule of reason, vertical restraint Sherman Antitrust Act in the Important Laws section ...
Restraint of marriage
Restraint of marriage. On the ground of public policy, conditions attached to gifts or bequests to a person who has never been married, if in general restraint of marriage, are void, i.e., the donee or legatee takes the gift or bequest whether he or she marry or not; but a condition in restraint of the second marriage, whether of a man or woman, is not void, see Allen v. Jackson, (1875) 1 Ch D 399, and a condition is good if the restraint be partial only, e.g., if there be a bequest, with a gift over if the legatee should marry a particular person, or without a particular person's consent. Consult Theobald on Wills.A condition (esp. in a gift or bequest, that nullifies the grant to which it applies of the grantee marries or remarries, Black's Law Dictionary, 7th Edn., p. 1316....
Restraint of trade
Restraint of trade. Contracts in general restraint of trade--that is, that a party shall not carry on a particular trade at all--are void on the ground of public policy, Mitchel v. Reynolds, (1711) 1 P Wms 181; 1 Sm LC, but contracts in partial restraint of trade--that is, where the restraint does not extend further than is necessary for the reasonable protection of the party for whose protection it has been agreed to--are good, if made, although by deed, for some consideration, and if not injurious to the public interests of this country. See the Nordenfelt case,1894 AC 535, in which it is recognised that the law of this subject has been gradually growing in liberality, Attwood v. Lamont, (1920) 3 KB 571; Dewas v. Fitch, (1921) 2 AC 158; and consult Leake or Chitty on Contracts.An agreement between or combination of businesses intended to eliminate competition, create a mono-poly, artificially raise prices, or otherwise ad-versely affect free market, Black's Law Dictionary, 7th Edn....
prior restraint
prior restraint : governmental prohibition on expression (esp. by publication) before the expression actually takes place see also Near v. Minnesota and New York Times Co. v. United States in the Important Cases section compare censorship, freedom of speech NOTE: In New York Times Co. v. United States, the U.S. Supreme Court restated its position that “any system of prior restraints” bears “a heavy presumption against constitutional validity” and that the government “carries a heavy burden of showing justification for the imposition of such a restraint.” ...
horizontal restraint
horizontal restraint : a restraint of trade involving an agreement among competitors at the same distribution level for the purpose of minimizing competition ...
restraint
restraint 1 a : an act or fact of restraining see also prior restraint b : the state of being restrained 2 a : a means of restraining b : a device that restricts movement (as of prisoners or violent psychiatric patients) ...
restraint on alienation
restraint on alienation :something that serves to prevent a party from alienating property ;specif : a provision in an instrument (as a deed or will) that purports to prohibit or penalize the use of the power of alienation NOTE: Though not necessarily unlawful, restraints on alienation are disfavored in the law. ...
vertical restraint
vertical restraint : a restraint of trade involving parties (as manufacturers and wholesalers) at different levels of a market structure ...
Restraint on alienation
Restraint on alienation. Although conditions in restraint of alienation of an absolute interest in possession in either real or personal property are generally void on the ground of repugnancy [see Re Dugdale, (1888) 38 Ch D 176, and RE-PUGNANT], gifts of a life estate or of income or apparently of a reversionary interest, Churchill v. Marks, (1844) 1 Coll 441, until alienation or charging, are permissible, if there is a gift over and the gift is properly expressed [see Re Mabbett, (1891) 1 Ch 707, and Trustee Act, 1925, s. 33]. A settlement upon himself by a settlor determining his estate upon bankruptcy is void. As to alienation of advowson, see Benefices Act, 1898 (61 & 62 Vict. c. 48), and ADVOWSONS. As to church property, see Halsb. Laws of England, tit. 'Ecclesiastical Law,' and as to married woman, see ANTICIPATION.A restriction, usu. in a deed of conveyance, on a grantee's ability to sell or transfer real property; a provision that conveys an interest and that, even after inter...
Restraints of princes
Restraints of princes. The expression occurs in marine insurance policies, bills of lading, etc., usually as part of the phrase 'Arrests or Restraints of Princes, Rulers or People', being one of the group of contingencies against which provision is made. It covers any forcible interference with the voyage or adventure at the hands of the constituted government or ruling power of any country. See Carver on Carriage by Sea, 6th Edn., pp. 113-117, and the Carriage of Goods by Sea Act, 1924, Sch., Art. iv. 2...
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