Agreements in Restraint of Trade in South African Law deals with the enforceability of restraint agreements. In addition to examining all aspects of restraints through decided cases, this work deals specifically with restraints in the franchise and estate-agency fields and looks at the tax implications of agreements in restraint of trade. The work is comprehensive and regularly updated. It examines all aspects of the law relating to restraints and includes draft restraint clauses for various classes of executives and employees.

Agreements in Restraint of Trade in South African Law is practical and is accessible to both legal practitioners and laypersons.

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• The impact of Magna Alloys v Ellis
• Leading cases after Magna Alloys
• The incidence of the onus
• Reasonableness and public policy
• Protectable interests
• Severance and enforceability
• Termination of employment “for any reason whatsoever”
• The parties to a restraint agreement: equality of bargaining power
• Time for determining the reasonableness of a restraint
• Franchises and estate agencies
• Income tax implications of restraints
• Constitutional and miscellaneous considerations