Abstract

Abstract This chapter focuses on the restraint of trade in India. It discusses how the restraint-of-trade doctrine aims to mediate between the competing policies of freedom of contract and the protection of a person’s fundamental liberty to earn a living across the common law world. The rule governing agreements in restraint of trade is found under section 27 of the Indian Contract Act 1872. The chapter explains that the restraint doctrine is dynamic, referring to the degree of balancing between the legitimate commercial interests of parties and the autonomy interest of those subject to restraints. It then considers the future of the restraint of trade doctrine in India.

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