All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Practice Mode:
23.

An agreement in restraint of trade not accompanied by a sale of goodwill, is :

A: Voidable at the option of either party.
B: A valid contract.
C: Voidable at the option of the promisor.
D: Voidable at the option of the promisee.
E: Expressly declared void.

The answer is: E

Explanation

An agreement in restraint of trade not accompanied by a sale of goodwill is:

E: Expressly declared void.

Explanation:

In the context of contracts, agreements in restraint of trade are generally considered contrary to public policy and against free competition. Therefore, such agreements are expressly declared void under the law, as stated in option E. It means that they are not enforceable in court.

Option B is not correct because agreements in restraint of trade, without the sale of goodwill, are not considered valid contracts. Options A, C, and D are also not accurate because they suggest that the agreement is voidable, which is not the case; it is outright void as per the law.