Examine the law of restrictive covenants in Uganda
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Date
2015-03
Authors
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Journal ISSN
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Publisher
Kampala international international: School Of Law
Abstract
The study was carried out in order to assess the effectiveness and applicability on the law governing restrictive covenants in Uganda with reference to several states. The study aimed at understanding the wide analysis on the law of restrictive covenants, different types of restrictive covenants, remedies for the breach and ordinarily how courts interpret the restrictive covenants. Data was collected through different research using text books, internet, and library materials. A clear abstract on the law governing restrictive covenant in Uganda is much lacking but a wider perspective gives its gist. The simple fact is that a well-constructed, reasonable restrictive covenant is the single most effective means by which an employer can protect its business against future competition from departing employees and the theft of confidential data by departing employees. The courts are increasingly unwilling to afford employers the protection of implied contractual terms, where they have failed through either a combination of ignorance or laziness, to include express restraints in their employment contracts at the outset of employment. In summary, contractual term restricting an employee's activities after termination of employment is void for being in restraint of trade and contrary to public policy unless the employer can demonstrate that: It has a legitimate proprietary interest to protect. The protection sought goes no further than is reasonable having regard to the interest of the parties and the public interest.
Description
A dissertation submitted to the faculty of law in partial fulfillment of the requirements for the award of a bachelor’s degree in laws at Kampala international university
Keywords
Law, Restrictive covenants, Uganda