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The law governing the restraint of trade or non-competition clause can be found in Section 28 of the Contracts Act 1950 (“S.28 CA 1950”). By reading S.28 CA 1950, any agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void.
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.
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 covenants.
24 lut 2022 · Introduction. 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.
18 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.
4 paź 2024 · Under common law, a restraint of trade is contrary to public policy and therefore void and unenforceable, except to the extent that it is reasonably necessary to protect the legitimate business interests of the person – for example, an employer – seeking to rely on it.
