Restraint of trade agreements – the Barkhuizen case
A recent Cape Provincial Division decision handed down by Davis J should alert corporations to the fact that the land mark Constitutional Court decision of Barkhuizen v Napier (2007 (5) SA 323 (CC)) “Barkhuizen” is already impacting on the manner in which consenting parties regulate their contractual relations. The primacy of the principle of pacta sunt servanda would appear to be no more. The… Read More »