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Unit 5: Contract Law

CHAPTER 16: ELEMENTS OF A CONTRACT

E-ACTIVITY: RESTRAINT OF TRADE (p. 517)

Activity: Prepare a Case Analysis

In business, competition is seen as a general good. Does that mean, then, that trade should never be restrained? What is a restraint of trade? Are all contracts that limit or restrict trade unenforceable? What type of restraint would be reasonable?

Consider restraint of trade by writing an analysis of a restraint of trade case

  1. Visit the Web site of the Canadian Legal Information Institute to read about Lyons v. Multari.
  2. Prepare a case analysis for Lyons v. Multari using the following case-analysis organizer. Click here if you would like to download the organizer.
CASE-ANALAYSIS ORGANIZER
Name of case—complete name indicating all parties; using appropriate format for civil case
 
Name of court—name and particular level of court where the case is heard

 

Citation—legal on-line case reference with a neutral citation; complete and accurate

 

Summary of key facts—key, relevant legal points and facts; concise; in 1-2 paragraphs

 

Applicable laws—e.g., negligence under common law

 

Issue—clear, concise identification of issue(s) to be decided by the court; written in question format (e.g., Was the victim owed a duty of care? Was the standard of care broken?)

 

Case decision or judgment—e.g., the appeal was allowed, a new trial was ordered

 

Reason for decision or judgment—clear summary of rationale for decision, with reference to factors and legislation considered

 

 

 

 

 

 

 

 

 

 


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