Journal article
Nordenfelt v Maxim-Nordenfelt: An expanded reading
Adelaide law review, Vol.36(2), pp.329-354
2015
Abstract
The 1894 House of Lords decision of Nordenfelt v Maxim-Nordenfelt is talked about in terms of being the start of the modern doctrine regarding restraint of trade clauses in contracts. This article considers the decision, both within the context of the other 19th century decisions in the area, and those that were decided before and after that time, in order to better contextualise it within the overall history of the doctrine. Key aspects to be examined include the shifting use of the term 'reasonable', the excision of the 'general' versus 'particular' restraints distinction from the law and the trend towards finer-grained categories in legal understandings. Nordenfelt, therefore, can be best understood as a point of inflection in the law, rather than the new dawn that it is often now seen to be.
Details
- Title
- Nordenfelt v Maxim-Nordenfelt: An expanded reading
- Authors/Creators
- C. Dent - Murdoch Univ, Sch Law, Murdoch, WA 6150, Australia
- Publication Details
- Adelaide law review, Vol.36(2), pp.329-354
- Publisher
- University of Adelaide
- Number of pages
- 26
- Identifiers
- 991005553786207891
- Copyright
- © 2015 University of Adelaide
- Murdoch Affiliation
- School of Law and Criminology
- Language
- English
- Resource Type
- Journal article
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