Asked by Katryna Rogerson on Jun 30, 2024

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Who usually enters into employment contracts and what provision is commonly included regarding possible restraint of trade? Explain the purpose of such provisions.

Restraint Of Trade

Any activity or agreement that restricts competition in the marketplace, often illegal unless it can be justified as reasonable under the law.

Employment Contracts

Legally binding agreements between an employer and an employee, outlining the terms and conditions of employment.

Provision

A specific clause within a legal document or contract that stipulates a condition or requirement.

  • Understand the components and importance of employment contracts, including the provision related to restraint of trade.
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Sanju ThakurJul 01, 2024
Final Answer :
Salespeople, management personnel, and other employees frequently are required to sign employment contracts prohibiting them from competing with their employers during their time of employment and for some additional stated period after termination. The purpose of the restraint is to protect a property interest of the promisee. Employment contracts are also frequently signed among corporations and partnerships involving professionals, such as accountants, lawyers, investment brokers, stockbrokers, or doctors. These groups of people may enter into restraint of trade contracts to prevent fellow professionals from selling their practices and then setting up a similar practice nearby and taking clients or patients that they had essentially agreed to refrain from treating or working with after selling their business.