Sat. Nov 23rd, 2024

Of Contracts, Voidable Contracts And Void Agreements

Section -27 – Agreement in restrain of trade, void –

Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.

Exception 1 – Saving of agreement not to carry on business of which goodwill is sold

One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business.

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