| Commentary

262 Restraint of trade

| Commentary

262 Restraint of trade

In Silvertone Records v Mountfield the court held that there was immense inequality in bargaining power between the defendants and their record company and music publisher1.

Although the defendants had at the time of negotiating the contract been advised by a manager and lawyer, the court found that when taken together the terms of the contract prevented the defendants from reaching the public with their work. There was no obligation on the record company to release any record and no restriction at all on the length of the exclusivity term of the agreement. The contract was therefore

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