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New light through old windows: restraint of trade in English, Scottish, and Australian employment laws: emerging and enduring issues

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Article

Cabrelli, David ; Floyd, Louise

The International Journal of Comparative Labour Law and Industrial Relations

2010

26

2

June

167-192

comparison ; intellectual property ; labour law ; trade

Australia ; United Kingdom

Law

English

"The nature of the study to be pursued in this article concerns the extent to which the common law systems of England and Australia contain principles or rules designed to impinge on an employer's freedom of contract or legitimate trading interests in order to promote the ability of an employee to trade, work freely, and enjoy the benefits of his/her labour and innovations. This will entail spelling out the principal elements of both the English and Australian concepts and outlining the differences between them in light of new problems that have emerged as a result of recent developments in economic and social conditions."

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