Reasonableness and the restraint of trade
The reasonableness of a restraint and how it is dependent upon the facts can be seen in two contrasting cases. In the Nordenfelt case discussed in the textbook on p 269-70, a worldwideban was deemed reasonable given that the covenantor was renowned worldwide and most ofhis clients were foreign governments. In such a case, a covenant limiting Nordenfelt to notcompeting within the UK would have been completely redundant given that much of his priorbusiness came from outside the UK. Conversely, in Mason v Provident Clothing & Supply Ltd,1acovenant preventing a canvasser from working within 25 miles of London was held to beinvalid on the grounds that the business involved was a purely local one, and therefore therestriction went well beyond the needs of the business. Discuss.
