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23 lut 2024 · The threshold test is to determine whether the clause contained in the agreement is truly one in restraint of trade, and not one which is merely restrictive of trade. In this regard, the Malaysian position appears to be the same as that under the common law.
24 lut 2022 · As explained in Part 1 of this Article, Section 28 of the Contracts Act 1950 provides that all restraint of trade or non-compete clauses are prima facie void unless they fall within any of the three exceptions provided therein.
24 lut 2022 · Introduction. Can an employer prevent its employee from working for their competitors for a period of time after the termination of the employee’s contract? This is a type of restraint of trade clause. More specifically, a non-compete clause.
12 wrz 2023 · The Malaysian courts place significant emphasis on the strict provisions outlined in Section 28 of the Contracts Act 1950 when evaluating clauses that may impose a restraint of trade following the expiration or termination of an employment contract.
28 sty 2021 · This statutory provision basically provides that a ‘restraint of trade’ clause cannot be enforced within the Malaysian jurisdiction.
23 lip 2021 · The types of restraint of trade clauses include: clauses which restrict one’s liberty to carry on trade with other parties in the future; and; non-compete non solicitation and anti-poaching...
