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2022 SeminarsSeminars

Noncompetition Provisions and Trade Secret Protection in Distribution and Franchise Relationships

By March 4, 2024 No Comments

I.              Covenants not to Compete in the Distribution and Franchise Contexts

A.             Common law

1.              Dyer’s Case, 2 Henry V, fol.5, pl. 6 (1414)

a.               Mr. John Dyer had given a promise to not exercise his trade in the same town as the plaintiff for six months but the plaintiff had promised nothing in return.

b.               Hull, J. declared: “the obligation is void, inasmuch as the condition is against the common law; and by God, if the plaintiff were here, he should go to prison until he had paid a fine to the King.”

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