Nordenfelt (Pauper) v Maxim Nordenfelt Guns and Ammunition Company, Ltd

JurisdictionUK Non-devolved
CourtHouse of Lords
Judgment Date31 July 1894
Judgment citation (vLex)[1894] UKHL J0731-1
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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319 cases
  • Quantum Advisory Ltd v Quantum Actuarial LLP
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 5 May 2020
    ...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......
  • Greig v Insole
    • United Kingdom
    • Chancery Division
    • Invalid date
  • Generics [UK] Ltd t/a Mylan v Yeda Research and Development Company Ltd and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 2013
    ... ... determined by Lord Macnaghten in the Nordenfelt Case ( [1984] A.C. 535 , 565), as it is, for ... ...
  • Wong Bark Chuan David v Man Financial (S) Pte Ltd
    • Singapore
    • Court of Appeal (Singapore)
    • 29 November 2007
    ...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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4 firm's commentaries
  • Restraints of trade in commercial documents must be reasonable
    • Australia
    • Mondaq Australia
    • 26 October 2021
    ...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......
  • Restraints of trade in commercial documents must be reasonable
    • Australia
    • Mondaq Australia
    • 26 October 2021
    ...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......
  • Restraint of trade and non-compete restraint clauses in employment contracts
    • Australia
    • Mondaq Australia
    • 10 February 2023
    ...[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 ......
  • The NRL Salary Cap - More than a pub debate?
    • Australia
    • Mondaq Australia
    • 18 October 2010
    ...story and remains the debate in the boardrooms, and pubs, at this point in time. ¹ Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co [1894] AC 535 at 565 ² (1971) 125 CLR 353 The content of this article is intended to provide a general guide to the subject matter. Specialist advice shoul......
11 books & journal articles
  • Canada
    • United States
    • ABA Antitrust Library Competition Laws Outside the United States. Volume I - Third Edition
    • 2 February 2020
    ...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......
  • Illegality
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...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......
  • Restraint of Trade Agreements in Employment Contracts: Time for Pacta Sunt Servanda to bow out?
    • South Africa
    • Juta Stellenbosch Law Review No. , August 2019
    • 16 August 2019
    ...& D Viss er (eds) Southern C ross: Civil Law and Comm on Law in South Afri ca (1996) 33 60-64 19 Nordenfeldt v The Maxim Nordenfeldt Guns 1894 A C 535 566: “[T]here is obviously more fre edom of contract between buye r and seller than bet ween master and servant or be tween an employer and ......
  • VITIATING FACTORS IN CONTRACT LAW — SOME KEY CONCEPTS AND DEVELOPMENTS
    • Singapore
    • Singapore Academy of Law Journal No. 2005, December 2005
    • 1 December 2005
    ...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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