The Common Law of Restraint of Trade: A Legal and Economic Analysis. By Michael J. Trebilcock. [Toronto: Carswell. 1986. xxvi + 414 pp. ind index. £35/$65.00]

1988 ◽  
Vol 37 (3) ◽  
pp. 758-759
Author(s):  
Valentine Korah
Keyword(s):  
Economic Analysis ◽  
Common Law ◽  
The Common ◽  
Restraint Of Trade

11. Illegality

2020 ◽  
pp. 405-434
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Public Policy ◽  
Supreme Court ◽  
Final Section ◽  
Common Law ◽  
The Supreme Court ◽  
The Common ◽  
Restraint Of Trade

This chapter considers what counts as illegality and the effect of illegality on a contract (and consequent restitution). The approach of the Courts to illegality has been transformed for the better, and simplified, by the Supreme Court in Patel v Mirza in 2016. Illegal conduct, tainting a contract, can vary widely from serious crimes (eg murder) to relatively minor crimes (eg breach of licensing requirements) through to civil wrongs and to conduct that does not comprise a wrong but is contrary to public policy. As regards the effect of illegality, where a statute does not deal with this, the common law approach is now to apply a range of factors. A final section of the chapter examines contracts in restraint of trade.

The Bondsman's Burden: An Economic Analysis of the Common Law of Southern Slavery

1998 ◽  
Vol 42 (4) ◽  
pp. 433
Author(s):  
Andrew T. Fede ◽  
Jenny Bourne Wahl
Keyword(s):  
Economic Analysis ◽  
Common Law ◽  
The Common

scholarly journals Some Economics of Trade Secret Law

1991 ◽  
Vol 5 (1) ◽  
pp. 61-72 ◽  
Author(s):  
David D Friedman ◽  
William M Landes ◽  
Richard A Posner
Keyword(s):  
Economic Theory ◽  
Intellectual Property ◽  
Economic Analysis ◽  
Common Law ◽  
Practical Importance ◽  
Trade Secret ◽  
Business Community ◽  
Trade Secrets ◽  
Positive Economic ◽  
The Common

Despite the practical importance of trade secrets to the business community, the law of trade secrets is a neglected orphan in economic analysis. This paper sketches an approach to the economics of trade secret law that connects it more closely both to other areas of intellectual property and to broader issues in the positive economic theory of the common law.

23. The common law and competition

2019 ◽  
pp. 556-568
Author(s):  
Sandra Marco Colino
Keyword(s):  
Common Law ◽  
Competition Law ◽  
Contract Law ◽  
The Public ◽  
Public Regulation ◽  
The Common ◽  
Restraint Of Trade

This chapter considers the areas in which the operation of the common law impacts upon issues that are closely related to the public regulation of competition. Certain doctrines of common law may be applied to situations in which competition is being restrained, or to competitive conduct. Common law doctrines in antitrust are becoming less important following the growth of modern competition law. The restraint of trade doctrine remains vibrant, and is often relied on in professional disputes. Restraint of trade is a doctrine of contract law under which certain contracts are unenforceable if they unreasonably restrain the activity of a party after the termination of the main contract. A number of rarely used torts may also be relevant to certain competitive situations.

The Common Law on Restraint of Trade

1923 ◽  
Vol 1 (4) ◽  
pp. 451
Author(s):  
Theodore C. Bartholomae
Keyword(s):  
Common Law ◽  
The Common ◽  
Restraint Of Trade

The Bondsman's Burden: An Economic Analysis of the Common Law of Southern Slavery

1999 ◽  
Vol 56 (3) ◽  
pp. 653
Author(s):  
Robert J. Cottrol ◽  
Jenny Bourne Wahl
Keyword(s):  
Economic Analysis ◽  
Common Law ◽  
The Common
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