Nordenfelt (Pauper) v Maxim Nordenfelt Guns and Ammunition Company, Ltd
| Jurisdiction | UK Non-devolved |
| Judgment Date | 31 July 1894 |
| Judgment citation (vLex) | [1894] UKHL J0731-1 |
| Court | House of Lords |
Nordenfelt (Pauper)
and
Maxim Nordenfelt Guns and Ammunition Company, Limited.
[1894] UKHL J0731-1
House of Lords
1
Whereas, Friday, the 13th day of April last, was appointed for hearing Counsel, upon the Petition and Appeal of Thorsten Nordenfelt, of No. 8, Rue Auber, Paris, in the Republic of France, Esquire, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 19th of December 1892, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order...
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360 cases
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Generics [UK] Ltd t/a Mylan v Yeda Research and Development Company Ltd and Another
... ... determined by Lord Macnaghten in the Nordenfelt Case ( [1984] A.C. 535 , 565), as it is, for ... ...
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Quantum Advisory Ltd v Quantum Actuarial LLP
...the question whether the 1988 Agreement is a contract which attracts the doctrine, so that its terms require to be justified under the Nordenfelt test, by reference to any kind of formula applicable in all cases. Yet this appears to me to be no more than a reflection of the fact the doctrin......
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Peer International Corporation v Termidor Music Publishers Ltd
...argued that, so far as relates to restraint of trade, a broader view should be permitted. As Lord Macnaghten said in Nordenfelt v Maxim Nordenfelt Guns & Ammunition Co. [1894] AC 535 at 565:- “The public have an interest in every person's carrying on his trade freely: so has the individual......
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Wong Bark Chuan David v Man Financial (S) Pte Ltd
...that of Lord Macnaghten in the House of Lords decision of Thorsten Nordenfelt v The Maxim Nordenfelt Guns and Ammunition Company, Limited [1894] AC 535 (“Nordenfelt”). Indeed, this particular statement of law has not only stood the test of time, but also constitutes, in fact, the legal foun......
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5 firm's commentaries
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Restraints of trade in commercial documents must be reasonable
...interests of the parties and is reasonable in the interests of the public: Nordenfelt v The Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] AC 535; Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288; [1973] HCA 40; Peters (WA) Ltd v Petersville Ltd (2001......
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Restraints of trade in commercial documents must be reasonable
...interests of the parties and is reasonable in the interests of the public: Nordenfelt v The Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] AC 535; Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288; [1973] HCA 40; Peters (WA) Ltd v Petersville Ltd (2001......
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Restraint of trade and non-compete restraint clauses in employment contracts
...[1920] 3 KB 571, 577. 2Emeco International Pty Ltd v O'Shea (No 2) (2012) 225 IR 423. 3Nordenfelt v Maxim Nordenfelt Guns & Ammunition [1894] AC 535. 4Del Casale v Artodemus (Aust) Pty Ltd (2007) 165 IR 148; Wright v Gasweld Pty Ltd (1991) NSWLR 317 at 326F, 333G-334E, 341G (NSW CA); Smith ......
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What constitutes reasonable restriction when examining restraint clauses in employment contracts?
...WASC 62, with the Court appearing to have taken a broader view of what constitutes 'reasonable restriction' first outlined in Nordenfelt [1894] AC 535. It demonstrates that employees who routinely ignore restraints, are increasingly likely to be injunct should they breach their It also conf......
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18 books & journal articles
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Canada
...restraint of trade, see generally MICHAEL J. TREBILCOCK, THE COMMON LAW RESTRAINT OF TRADE: A LEGAL AND ECONOMIC ANALYSIS (1986). 287. [1894] A.C. 535 (H.L.) (appeal taken from Eng.). 288. Id. at 565. In Tank Lining , 40 O.R. 2d 219, the court held that even where a covenant in restraint of......
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Illegality
...Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd , [1968] AC 269 at 317 (HL), Lord Hodson. 136 [1934] AC 181 (PC). 137 Ibid at 190. 138 [1894] AC 535 (HL) [ Nordenfelt ]. THE LAW OF CONTR ACTS 524 and indeed, it is the only justification, if the restriction is reasonable — reasonable, th......
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Table of cases
...327 Nordenfelt v. Maxim Nordenfelt Guns and Ammunition Co. Ltd., [1894] A.C. 535 (H.L.).......................................................................... 377, 381 Nordlander v. Nordlander Estate (Executor and Trustee of), [1999] O.J. No. 117 (Gen. Div.) ...................................
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VITIATING FACTORS IN CONTRACT LAW — SOME KEY CONCEPTS AND DEVELOPMENTS
...with respect to “garden leave”. 374 [2000] IRLR 712. 375 See generally ibid at 714—715. 376 Id at 715. 377 [2003] 1 BCLC 278. 378 See [1894] AC 535 at 565. 379 And see generally Phang, supra n 12, at 701 ff. In this regard, the Singapore High Court decision of Thomas Cowan & Co Ltd v Orme[1......
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