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If you are asked by an employer to sign a restraint-of-trade. If the scope of a restraint-of-trade clause is broader than necessary, it will not be . Most sale of business contracts include a restraint of trade clause. What should you consider before including a restraint of trade clause in your employment contracts in Australia to reduce the risk of them being . In order to pass constitutional muster, a restraint of trade clause in an employment contract must comply with the common law rules governing . This article seeks to render another affirmative view on the legal effect of restraint of trade clause , as we often found such clause exists in virtually every . Restraint of trade clauses in commercial contracts are very useful tools in certain circumstances, but their use needs to . The existence of a restraint of trade clause is not an immediate victory for the employer.

In fact, it is quite the opposite: restrain of trade clauses . The base position is that restraint of trade clauses that extend beyond the termination of an employment contract are void and unenforceable.