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23 lut 2024 · It is provided by the Halsbury’s Laws of Malaysia on Contract (Volume 4) that: Not every agreement which limits the manner in which a trade or profession is conducted is an agreement in restraint of trade.
28 sty 2021 · This statutory provision basically provides that a ‘restraint of trade’ clause cannot be enforced within the Malaysian jurisdiction.
24 lut 2022 · If a court declares that a non-compete clause is void, it is usually based on the principle that it constitutes restraint of trade. Briefly, the common law position is that all restraints are prima facie void unless it is shown that the restraint is reasonable in the interests of the parties and of the public.
17 lut 2021 · Under section 28 of the Contracts Act, the general rule is that every agreement which contains a restraint of trade clause by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is illegal and unenforceable.
30 lis 2020 · This chapter examines how Malaysian contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses.
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.
