Assignment First

  本篇論文代筆價錢-澳大利亞合同法講了合同形成是指人們之間交換的一系列具有法律約束力的承諾。必須有一個協議,協議可以是書面的,也可以是口頭的。必須有對價,表明某種形式的價格或利益交換是由於訂立合同而發生的,必須有意向繼續商定的條款、能力和手續。不得有任何不公平的、誤導性的、欺騙性的行爲,締約雙方不得有任何脅迫或不合理的行爲。合同的解除可能是由於履行原因,也可能是由於終止協議導致的解除,也可能是由於違約,也可能是由於受到挫折,可以根據情況尋求衡平法上的救濟。本篇論文代筆價錢文章由加拿大第一論文 Assignment First輔導網整理,供大家參考閱讀。

  Non-Competition Restraint Trade Clause

  Common law doctrine in trade such as trade restraints signed at the time of employment are applicable rules as long as it can show by the employer or the employee that they don’t conflict with the Competition and Consumer Act. The main aim of the doctrine is to ensure that restraints are only applied when they can be demonstrated as being reasonable and where they are not reasonable for the interest of both parties and the interests of the public then those restraints cannot be enforced. The restraint of trade as applicable for Australia is defined in common law settings and in cases such as the Chicago Board of Trade v US 246 US 231 (1918), as something that binds. The very essence of an agreement made with respect to trade is to bind (Australian Competition Law ACL, 2017). Another definition of the restrain is what Lord Justice Diplock states in the case of Petrofina (Great Britain) Ltd v Martin [1966] Ch 146, 180, where he states the party-the convenentor agrees to with another. The convenentee places some restrictions and the convenentor basically agrees to obey those restrictions. Unreasonable restrictions will not be recognized by the court (Jewell, 2017).

  Many of the restrictions for fair trade and others are captured in the Australian Competition and Consumer Act, so the constrains as presented in the doctrine is applicable only in some situations and only if such reasonableness can be shown that it can be applied. The restriction on employment or non-competition, restrictions between partners and restrictions in sale of businesses are considered to be part of the restrictions on trade doctrine (George, 2017). Courts do recognize the need for the employer to protect his trade interests when such a clause is put forward. An employer can enforce the restraint only in such situations where they can reasonably demonstrate that without the restraint their business would suffer and incur losses.

  Non-competition restriction and non-solicitation restriction are classifications under the restraint in trade doctrine. The non-competition clause exists to stop an employee from competing with the company that he is now signing an employment contract with. Non-solicitation exists for the purpose of stopping the employee from soliciting and working with clients that he/she came into contact with when they are employed with the employer with whom they have signed a non-competition agreement (Rubin & Shedd, 1981).

  Australian Contract Law

  Australian contract law deals with the main categories of formation, scope, avoidance, performance and remedies for termination or breach.

  A contract formation is where a set of promises are exchanged between people that are legally binding. There has to be an agreement, the agreement can be on paper or can be oral, too. There must be consideration showing some form of price or benefit exchange occurs because of entering into the contract, there must be intention to go ahead with the agreed upon terms, capacity and formalities. There must be no unfair, misleading, deceptive conduct, and the contracting parties must in no way act under duress, or unconscionable conduct. The discharge of a contract can happen for performance reasons, or because of discharge by ending agreement, a breach of contract or because of frustration and equitable remedies can be sought based on the situation (Australian Competition Law ACL, 2017b)