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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.
Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.
There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.
Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.
According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.
Q. X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?
  • a)
    No, as agreements in restraint of trade are void under Contract Act.
  • b)
    No, as agreements in restraint of trade are against public policy.
  • c)
    Yes, as such agreements in restraint of trade are reasonable.
  • d)
    Both 1 and 2
Correct answer is option 'D'. Can you explain this answer?
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Directions:The question is based on the reasoning and arguments, or fa...
If any agreement is made to put restriction over the right to trade or profession, it shall be an infringement of his fundamental right and shall also be regarded as against Public Policy. This is why the Indian Contract Act has specifically declared such agreements void.
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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X (a minor boy) agrees with Y (a minor girl) that he wont marry Z for a consideration of Rs. 1000. Is this a valid agreement?

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X contends that if he marries any other person except Y, he would give her 1000 pounds within three months of his marriage. Is this a valid agreement?

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Brock Lesnars catchphrase is not unique as it has already been used widely. Hence, even if an action for infringement is instituted in the US courts, no remedy would be available on the ground that the catchphrase does not involve creativity or distinctiveness. Association with a good or service may be dispensed with in this case, as catchphrases have been registered in the U.S. which concern a person.Many catchphrases such as Im Loving It for McDonalds, Just Do It for Nike etc. have been granted trademark protection in India. Although, the position is not clear regarding, trademark on celebrity catchphrases, but decisions by various High Courts can be used to remove the ambiguity. In Reebok India Company v. Gomzi Active, the Karnataka High Court held that in order to claim a phrase as trademark, the person must establish that his distinctive use has developed goodwill and secondary meaning for his product (Para 12 of the Judgement). A similar stance was taken in Raymond Limited v. Radhika Export AndAnr, by the Bombay High Court wherein the need for creative use and considerable acquired goodwill and market reputation to claim trademark protection for catchphrases was stressed upon (Para 11 of the Judgement).Looking at the wide usage of Brock Lesnars catchphrase, registration would surely be refused under the Indian law. Anyhow, currently, there is no registration of the phrase eat, sleep, conquer, repeat in the Indian Trademark Registry and as per Section 27(1) of the Trade Mark Act, 1999, infringement litigation cannot lie when the trademark is unregistered. Even if the catchphrase is granted registration, infringement will only take place when the registered trademark is used in the course of trade by another party. In a particular case, Ranveer Singh merely used it on social media which no way comes under the ambit of the term course of trade.Laws for copyright and trademark protection are different. Copyright laws are pretty harsh when it comes to the protection of catchphrases. If tomorrow copyright protection is given to such short phrases then, maybe one day will come wherein no phrases would be there to use. On the other hand, trademark protection for catchphrases seems to be valid. A brand needs to distinguish itself from that of the others, and thus catchphrases need protection. The controversy above would have made more sense if the threat was regarding trademark infringement, but anyhow Ranveer Singhs usage could not amount to infringement whether it is copyright or trademark.Q.Mr. Jack Ryan, who runs his business in the US, got his trademark registered there. Mr. Osama, who runs his business in India, started using a trademark same as that of Mr. Jack Ryan. Now, Mr. Jack Ryan wants to pursue infringement action. Decide.

The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.When a citizen tested positive for disease that rapidly-spreads when he comes in contact, even remote, with other humans and animals, the government imposed restriction on his movement and forced him to quarantine for three weeks. After the quarantine, he moved to the court challenging the imposition of restriction. What would likely be the outcome of the case?

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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer?
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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer?.
Solutions for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Every person has a lawful right to do or adopt any lawful profession, trade or business. If any agreement is made to put restriction over this right, that shall be an infringement of his fundamental right and shall also be against public policy. This is why the Indian Contract Act has specifically declared such agreements void.Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.There are certain exceptions to the above general rule. One exception being that, one who sells the goodwill of a business may agree with the buyer to refrain from carrying in 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. In India, trade has been in its infant and it is desirable to develop trade. Therefore, through the stringent provisions of Sec. 27 every agreement interfering with the right to trade has been specifically declared void. Public policy required that every citizen be allowed freedom to work for himself and should get the benefit of labour to himself or to the State. He should not enter into any agreement by which he may not be able to utilise his skill or talent for his benefit or to the benefit of his country. If he does so by an agreement, he shall not be allowed to do so.Indian law is very stringent on this point. It has invalidated many agreements on this around although they could have been allowed by the English Common Law. English Law has wavered from time to time with the changing conditions of the trade. Till some time in past it considered agreements in total restraint of trade to be valid, but in Nordenfalt V. Maxim Guns Co. It has been decided in 1894 that when restraint is reasonable, it should be allowed and the agreement be not declared void on the plea of opposed to public policy.According to Section 26 of the Indian Contract Act, all agreements in restraint of marriage except that of a minor are void. The basis of making agreements in restraint of marriage void is that marriage is a sacrament and nothing should interfere in the institution of marriage, not even contracts. The idea behind this provision is to not snatch away the personal right of every individual to marry someone of their own choice. It is important to note here that according to this section, agreements in restraint of marriage of a minor are not void.Q.X and Y ran a partnership firm which dealt with selling soaps and surf. Y wants to break away and start a new firm. Can X restrain him from doing so?a)No, as agreements in restraint of trade are void under Contract Act.b)No, as agreements in restraint of trade are against public policy.c)Yes, as such agreements in restraint of trade are reasonable.d)Both 1 and 2Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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