Is a lock out agreement enforceable?
Ontario, Canada
The following excerpt is from Labatt Brewing Company Limited v. NHL Enterprises Canada, L.P., 2011 ONSC 5652 (CanLII):
Labatt refers to the following statement of Lord Ackner in Walford v. Myles, [1992] 2 A.C. 128 (H.L.) in a case involving an agreement by a vendor to deal exclusively with a plaintiff: I believe it helpful to make these observations about a so-called “lock out” agreement. There is clearly no reason in the English contract law why A, for good consideration, should not achieve an enforceable agreement whereby B, agrees for a specified period of time, not to negotiate with anyone except A in relation to the sale of his property.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a court set aside an agreement where the agreement was not enforceable under duress? (Ontario, Canada)
What is the test for determining whether a collective agreement is enforceable or enforceable? (Ontario, Canada)
Does the Statute of Frauds prevent the enforcement of a verbal agreement as to the performance of a specific performance of the verbal agreement? (Ontario, Canada)
When a motion judge approved the sale agreement and technology license agreement and approval of the sale and sale agreement, what analysis applied? (Ontario, Canada)
At stage two of the Divorce Agreement, what is the test for enforcement of the Agreement? (Ontario, Canada)
Is an entire agreement clause binding a party to whom the agreement was signed? (Ontario, Canada)
Can a motion to enforce a settlement agreement be successful? (Ontario, Canada)
Is a non-solicitation clause in an employment agreement enforceable if it is limited to clients or clients of the employer? (Ontario, Canada)
Does the minutes of settlement constitute the underlying agreement or the agreement giving rise to the consent judgment? (Ontario, Canada)
In what circumstances will a judge enforce a custody order where the child's residence is not the subject of the custody agreement? (Ontario, Canada)
