For example, a provision in the employment contract prohibiting a former worker from setting up a competing business for five years within 100 miles of the former employer would likely be struck off because it constitutes a commercial restriction. On the other hand, if the containment area was smaller and the period was shorter, the contract provision could be maintained. Non-competition prohibitions are not inherently illegal as long as they are reasonable and do not infringe on a person`s right to do business. The court is looking at what is reasonable, taking into account all the factors in the situation. When a court finds that a non-competition clause is inappropriate, it is generally based on the principle that it constitutes a trade restriction. Some agreements are unenforceable in court because they are contrary to public policy and the public interest. Such agreements are not illegal, they can still be concluded, but they are not enforceable in court. In other words, if one of the parties fails to meet its obligations in such an agreement, the aggrieved party cannot take the matter to a competent court to assert its rights. Commercial, marital and judicial procedures are examples of such agreements. You can search your state`s legal code to see how the state adopts restrictive alliances in non-compete agreements and other restrictive alliances. Trade restriction is a very old legal concept that refers to the right of individuals to do business or to practice a profession freely and without restriction. The delegitimization of a trade agreement is part of the history of the conflict between free markets and contractual freedom. Guaranteeing contractual freedom would be tantamount to legitimizeing trade restriction agreements, which would lead the parties to agree to limit competition.
Under the common law, the current position arises from the case of general law, and in general, a review of reason is followed. A trade agreement is valid if: in this case, two similar contractors agreed in a partnership that only one of their plants would operate at the same time and that the profits would be distributed among them.