Skip to content
In forceUpdated to 1 Jan 2006

Part III · Of Contracts, Voidable Contracts and Void Agreements

28. Agreement in restraint of trade void

Feedback & support

In plain English

An agreement barring anyone from a lawful profession, trade or business is void to that extent. A seller of goodwill may agree not to run a similar business within reasonable local limits while the buyer does so there. Partners may agree not to run a similar business within those limits when the partnership ends, or any other business during it.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Every agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void.

Saving of agreement not to carry on business of which goodwill is sold

Exception 1—One who sells the goodwill of a business may agree with the buyer to refrain carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein:

Provided that such limits appear to the court reasonable, regard being had to the nature of the business.

of agreement between partners prior to dissolution

Exception 2—Partners may, upon or in anticipation of a dissolution of the partnership, agree that some or all of them will not carry on a business similar to that of the partnership within such local limits as are referred to in exception 1.

or during continuance of partnership

Exception 3—Partners may agree that some one or all of them will not carry on any business, other than that of the partnership, during the continuance of the partnership.

Report

Part IV

Of Contingent Contracts

Part V

Part VI

Of Certain Relations Resembling Those Created by Contract

Part VII

Of the Consequences of Breach of Contract

Part VIII

Of Indemnity and Guarantee

Part IX

Of Bailment

Part X