week 7 - terms Flashcards
1
Q
What is a restrictive covenant ?
A
A restrictive covenant is a clause in a deed or lease to real property that limits what the owner of the land or lease can do with the property.
2
Q
When are restrictive covenants valid?
A
To protect a legitimate interest & must be reasonable between the parties by reference to public interest & must go no further than is reasonably required
3
Q
Give some examples of legitimate interests
A
Confidential information
Trade secrets
Intellectual property
4
Q
Give commercial examples when assessing reasonableness
A
Type of business
Radius of likely custom
Location and geographical factors
5
Q
Give some personal examples
A
Nature of job/work
Senior or junior
Executive or routine administration
