Contracts and Combinations in Restraint of TradeCallaghan, 1918 - 169 sider |
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Side iii
... considerations , be so regarded . Where there is doubt or mere speculation as to results the tendency is to permit freedom of economic action . Yet in determining whether the distinctive act is certainly inimical to the public interest ...
... considerations , be so regarded . Where there is doubt or mere speculation as to results the tendency is to permit freedom of economic action . Yet in determining whether the distinctive act is certainly inimical to the public interest ...
Side 2
... consideration would , it is believed , be sufficient to invalidate the contract even though the promisor had not at the 2 - Herreshoff v . Boutineau , 17 R. I. 3 , 6 ( 1890 ) ( quotation given post 7 note 13 ) . But see Kellogg v ...
... consideration would , it is believed , be sufficient to invalidate the contract even though the promisor had not at the 2 - Herreshoff v . Boutineau , 17 R. I. 3 , 6 ( 1890 ) ( quotation given post 7 note 13 ) . But see Kellogg v ...
Side 3
... considerations against the validity of such covenants : The social interest in the free- dom of individuals to enter what business they please is violated . The contract tends to deprive the promisor of his livelihood , the public of a ...
... considerations against the validity of such covenants : The social interest in the free- dom of individuals to enter what business they please is violated . The contract tends to deprive the promisor of his livelihood , the public of a ...
Side 4
... consideration must be good and adequate , so as to make it a proper and useful contract . The later view is that a legal consideration which is also of some value must be given . But apparently the court will not undertake to weigh the ...
... consideration must be good and adequate , so as to make it a proper and useful contract . The later view is that a legal consideration which is also of some value must be given . But apparently the court will not undertake to weigh the ...
Side 7
... consideration for the sale of his business.11 Recently , how- ever , this requirement has been held to be satisfied if some consid- eration of value in addition to , or including , the consideration necessary to make a contract is given ...
... consideration for the sale of his business.11 Recently , how- ever , this requirement has been held to be satisfied if some consid- eration of value in addition to , or including , the consideration necessary to make a contract is given ...
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Contracts and Combinations in Restraint of Trade Albert Martin Kales Ingen forhåndsvisning tilgjengelig - 2015 |
Vanlige uttrykk og setninger
agreement Ass'n attempt at monopoly attempt to monopolize Bell Telephone bination Brandeis bricklayers business sold carry Clayton Act common law competing competitors consideration corporation damage dealers decision defendant Diamond Match Co elimination of competition employees enter equity excluding practices excluding purposes exclusive contract fact favor freedom Garst held illegal at common industry intent to monopolize Interstate Commerce Joint Traffic Association jurisdiction license manufacturers methods of competition monopoly N. J. Eq ness Northern Securities occupying a preponderant operating organization Paine Lumber Co Park & Sons patented article plaintiff preponderant position price on resale prohibited public interest public policy purchaser question railroads reason restraint of trade restrictive covenant result retailers rival rule Section sell seller Sherman Act specific performance Standard Oil Co Standard Oil Company statute stipulation Supreme Court tion tort Trust unfair methods United States Supreme units combined unlawful excluding valid wholesalers
Populære avsnitt
Side 142 - ... may be to substantially lessen competition between the corporation whose stock is so acquired and the corporation making the acquisition, or to restrain such commerce in any section or community, or tend to create a monopoly of any line of commerce.
Side 143 - That the labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof,...
Side 144 - ... paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value ; or from...
Side 145 - ... recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working...
Side 144 - ... attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do...
Side 131 - Applying the rule of reason to the construction of the statute, it was held in the Standard Oil Case that as the words "restraint of trade" at common law and in the law of this country at the time of the adoption of the Anti-trust Act only embraced acts or contracts or agreements or combinations which operated to the prejudice of the public interests by unduly restricting competition or unduly obstructing the due course of trade or which, either because of their inherent nature or effect or because...
Side 128 - ... all contracts or acts which were unreasonably restrictive of competitive conditions, either from the nature or character of the contract or act or where the surrounding circumstances were such as to justify the conclusion that they had not been entered into or performed with the legitimate purpose of reasonably forwarding personal interest and developing trade, but on the contrary were of such a character as to give rise to the inference or presumption that they had been entered into or done...
Side 64 - Indeed, it is doubtful if free government can long exist in a country where such enormous amounts of money are allowed to be accumulated in the vaults of corporations, to be used at discretion in controlling the property and business of the country against the interests of the public and that of the people for the personal gain and aggrandizement of a few individuals.
Side 54 - ... rival traders agree to consolidate their concerns, and that one shall discontinue business, and become a partner with the other, for a specified term. It may happen, as the result of such an arrangement, that the public have to pay more for the commodities in which the parties deal; but the public are not obliged to buy of them. Certainly, the public have no right to complain, so long as the transaction falls short of a conspiracy between the parties to control prices by creating a monopoly.")...