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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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Contractual Restrictive Covenants

Contractual Restrictive Covenants

(p.283) 11 Contractual Restrictive Covenants
A History of Private Law in Scotland: Volume 2: Obligations


Oxford University Press

This chapter discusses restrictive covenant within the context of contractual restrictions. It discusses the history of the contractual restrictive covenants in Scots law, from its introduction in the 1600s, to its development in the early 20tb century, to its maturity in the latter period of the 20th century. While discussing the historical outline of restrictive covenants in contracts in Scots law, the chapter also considers the three categories of restrictions within contracts. These restrictions were generally aimed to protect firstly, a buyer of the business against the seller; secondly, an employer against tan ex-employee; and, thirdly, a partnership against an ex-partner. Restrictive covenants in a broader sense are largely concerned with the person’s freedom of trade and freedom of work. The ability to work, and the concept of freedom of work, represents important social values which deserve protection. Yet, the freedom of work must be balanced against other values, especially the sanctity of contract. This is normally done under the rubric of public policy.

Keywords:   restrictive covenant, contractual restrictions, contractual restrictive covenants, contracts, protection, restrictions

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