2nd Series 310) and in South Africa(Shell Company of South Africa Ltd. v. Gerran's Garages Ltd., 1954 4 S.A.R.752). A review of the authorities shows that in some groups of cases there hasbeen no assertion that the doctrine or principle of trade applies. Thegarage proprietors were not at any disadvantage in dealing with the variouscompeting producers of petrol. But to allow a permanent tie is not very differentfrom holding it exempt from scrutiny. 146 at page 180 where hesaid: " A contract in restraint of trade is one in which a party (the" covenantor) agrees with any other party (the covenantee) to restrict" his liberty in the future to carry on trade with other parties not parties" to the contract as he chooses. But is thisfoundation sound? But, as it : explained in para 30, there was no need for any closer study of those outer reaches in the light of the facts of that case. Every Court of justice has had occasion to consider these brewers'" covenants, and must be taken to be cognisant of the distinction between" what are called free public houses and brewers' public houses which, " are subject to this very covenant. It is agreed that no case has been cited which lays down or upholds thewide proposition that the doctrine of restraint of trade can have no applica-tion to a covenant which is merely restrictive of the trading use to be madeof a particular piece of land. Listen to the audio pronunciation of Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd on pronouncekiwi. that such a covenant might be" good in a lease for 21, 50 or 100 years, but is not good if entered" into as part of a transaction where the fee simple of a property is" conveyed.". But here there wasa positive obligation to carry on the business (or to find a transferee whomust do likewise) and to purchase from none save Esso. On thispoint it is I think legitimate to draw support from a number of decisions invarious jurisdictions where restrictions of various kinds, over com-parable periods, have been upheld: (see British American Co. v.Hery (5 years) 1941 4 D.L.R. It would be intolerable if, when a man choosesof his own free will to buy, or take a tenancy of, land which is made subjectto a tie (doing so on terms more favourable to himself owing to the existenceof the tie) he can then repudiate the tie while retaining the benefit. In another. And in anyother set of circumstances I cannot think that a tied garage would be morevaluable than, or even as valuable as, a free garage. (cf. The object of a mortgage is to provide fair security for the lender.And a restraint may be reasonably necessary to protect the security when itwould not have been reasonable without that object. Lastly (though this is still an uncertain field) certain contracts of employ-ment, with restrictions appropriate to their character, against undertakingother work during their currency may be acceptable (cf. The practical effectwas to create a personal restraint. Website. Esso's experts had estimated that the petrol station would sell 200,000 gallons of petrol. change. Any attempt to trace historically the development of the common lawattitude towards " restraints " of different kinds would be out of place here,and generalisations as to it are hazardous. There was need forcontracts of this kind and the Court must have regard to the fact that con-tracts for sole agency were matters of every day occurrence (see too W. T.Lamb & Sons v. Goring Brick Co. Ltd [1932] 1 K.B. Also, therewas nothing to prevent them from selling directly to some others (farmersand traders) at a price less than that which they fixed as their wholesaleschedule price. In fact such a contract would verylikely be for the advancement of trade. After all, a man who freelyenters into a bargain will, normally, expect to be held bound by it, and Ido not anticipate a spate of litigation in which contracts of, say, " soleagency " will be assailed. This estimate was based on figures which were prepared prior to planning application. 174 the defendant hadagreed to sell his crop of hops to the Society for five years. Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd [1967] UKHL 1 is an English contract law case, concerning the restraint of trade through a tying arrangement. Some freedom which otherwise he wouldhave had that neither would employany man who left... Contained in anyformal code decision is reached by applying settled or recognised principleto particular ascertained facts Dering 1928! Be advanced was valid and the question to beanswered is a mortgage excludes anyapplication of the appearing! The rationale ofYoung v. 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