| Commentary

66 The modern approach

| Commentary

66 The modern approach

The modern approach to the doctrine of restraint of trade was established by the House of Lords in Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co where it was recognised that ‘the public have an interest in every person carrying on his trade freely, so has the individual. All interference with individual liberty of action in trading and all restraint of trade of themselves, if there is nothing more, are contrary to public policy’1. This case established that whilst such restrictions are void, they may be justified if they are shown to be reasonable in the

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