TY  - GEN
T1  - Restraint of trade and business secrets :law and practice /
AU  - Mehigan, Simon,
AU  - Griffiths, David,
ET  - Third edition.
CN  - KD2212
N1  - Price : 88.36; Inv.# B 425452; Date 12/11/97; Supplier : Dawson UK, Wellingborough; Recd 17/11/97; Contents : 1. Introduction : 1.1. The restraint of trade doctrine; 1.2 Purpose of restraint of trade clauses; Part I. Restraint of trade doctrine : 2. The issues : 2.1 Does a restraint of trade exist in this case/does the restraint of trade doctrine apply to this class of case? 2.2 An interest meriting protection; 2.3 Reasonableness between the parties; 2.4 Reasonableness in the public interest; 3. Restraint of trade : 3.1 The form of the agreement; 3.2 The time at which reasonableness is considered; 3.3 Construction; 3.4 Words and phrases; 3.5 Severance; 3.6 Assignment; 3.7 The consequences of a finding of unreasonableness; 3.8 Consideration; 3.9 Pleading restraint of trade; 3.10 Burden of proof; Part II. Business secrets : 4. Interaction between business secrets clauses and restraint of trade clauses; 5. The characteristics of confidentiality : 5.1 The necessary quality of confidence; 5.2 Circumstances importing an obligation of confidence; 5.3 Duration of the duty; 5.4 Breach of the duty; 5.5 Defences; 5.6 The question of detriment; 5.7 Locus standi (to whom is the duty owed); 5.8 Third parties; 5.9 Equity, law and property; 5.10 Contractual rights; Part III. Employer and employee : 6. The classic problems : 6.1 The attitude of the courts; 7. Implied and express duties during employment : 7.1 Implied duties; 7.2 Express duties; 8. Interests protectable after employment ends : 8.1 The end of employment; 8.2 Implied duties; 8.3 Express duties once employment has ended; 8.4 The existence of an interest which merits protection; 8.5 Reasonableness between the parties : canvassing/dealing and competition; 8.6 Reasonableness between the parties : business secrets; 8.7 Miscellaneous points on reasonableness; 8.8 Suing third parties; 8.9 Public policy; 9. Drafting restrictions in employment contracts : 9.1 Introduction; 9.2 The phrase "howsoever caused" and similar phrases; 9.3 Specimen clauses; Part IV. Business sales : 10. Introduction : 10.1 Distinction between employment and business sales agreements; 11. Vendor's ability to compete with the purchaser in the absence of express covenants : 11.1 The vendor must not solicit/canvass the customers of his old business; 11.2 The use of business secrets by the vendor; 11.3 Representation by the vendor that he is carrying on the business sold; 11.4 Conclusion; 12. Express covenants : 12.1 An interest meriting protection; 12.2 Reasonableness; Part V. Partnerships and joint ventures : 13. Partnerships : 13.1 Introduction; 13.2 Implied provisions during the currency of the partnership; 13.3 Express provisions during the currency of the partnership; 13.4 Implied restrictions after partnership; 13.5 Express provisions after partnership; 13.6 Drafting considerations; 13.7 Statutory and EU limitations; 14. Joint ventures : 14.1 General applicability of the doctrine; 14.2 Statutory and EU limitations; Part VI. Commercial contracts : 15. Introduction : 15.1 Relevance of the restraint of trade doctrine; 15.2 Attitude of the courts; 15.3 Vertical and horizontal agreements; 16. Solus and other exclusive purchasing agreements : 16.1 Introduction; 16.2 Common restrictive provisions; 16.3 Restraints falling outside the restraint of trade doctrine; 16.4 Reasonableness; 16.5 Drafting; 16.6 Statutory and EU limitations; 17. Exclusive distribution and agency agreements : 17.1 Introduction; 17.2 Typical restrictions; 17.3 Reasonableness; 17.4 Drafting; 17.5 Statutory and EU limitations; 18. Licenses and tying agreements : 18.1 Introduction; 18.2 Common restrictions; 18.3 The relevance of the restraint of trade doctrine; 18.4 Drafting; 18.5 Statutory and EU limitations; 19. Cartels, trade associations and co-operatives : 19.1 Introduction; 19.2 Common provisions which give rise to difficulty; 19.3 Reasonableness; 19.4 Actions by third parties affected by cartels; 19.5 Statutory and EU limitations; 20. Other agreements : 20.1 Negotiation and evaluation agreements; 20.2 Authors and performers; Part VII. Interlocutory relief : 21. Injunctions : 21.1 Prohibitory interlocutory injunctions; 21.2 General criteria for the grant of a prohibitory interlocutory injunction; 21.3 The correct test in restraint of trade and business secrets cases; 21.4 Special considerations in some restraints of trade cases; 21.5 Business secrets cases; 22. Anton Piller orders and miscellaneous other orders : 22.1 Anton Piller orders; 22.2 Miscellaneous orders; 23. Practice and procedure : 23.1 The appropriate court; 23.2 Is an ex parte application necessary? 23.3 Ex parte application; 23.4 The writ; 23.5 The affidavit; 23.6 Inter partes applications; 23.7 General points; 23.8 Order for a speedy trial; Part VIII. Final remedies : 24. Damages : 24.1 Introduction; 24.2 Damages of breach of a covenant in reasonable restraint of trade; 24.3 Damages for breach of the duty of confidence; 25. Other remedies : 25.1 Permanent injunctions; 25.2 Account of profits; 25.3 The position of fiduciaries; 25.4 Delivery up/destruction; 25.5 Declarations; Appendices : I. Ready reckoner : 1. Restraint of trade cases; 2. Business secrets cases; II. Restrictive Trade Practices Act 1976 : 1. Introduction; 2. Basic rule for registration; 3. Restrictions; 4. Information agreements; 5. Exemptions; 6. Special categories; 7. Registration; 8. Gateways; 9. Failure to register; 10. Proposed reform of the Restrictive Trade Practices Act 1976; III. European provisions; IV. Practice direction (Mareva injunctions and Anton Piller Orders) [1994] 1 WLR 1233; [1994] 4 All ER 52; V. Practice direction (Judge in Chambers : Procedure) [1983] 1 WLR 434; VI. Practice direction (Judge in Chambers : Amended procedure) [1993] 1 WLR 1303;.
N1  - Includes tables of cases, statutes, statutory instruments and European legislation; and index.
ID  - 21815
KW  - Restrictive practices in industrial relations
KW  - Restraint of trade
KW  - Trade secrets
KW  - RESTRICTIVE TRADE PRACTICES AND OTHER MATTERS : GENERAL TREATIES
SN  - 0752000195
TI  - Restraint of trade and business secrets :law and practice /
ER  -