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.
NUNDWE, N (2021). Examine The Law Of Restrictive Covenants In Uganda. Afribary. Retrieved from https://afribary.com/works/examine-the-law-of-restrictive-covenants-in-uganda
NUNDWE, NGWAMBULA "Examine The Law Of Restrictive Covenants In Uganda" Afribary. Afribary, 11 Jun. 2021, https://afribary.com/works/examine-the-law-of-restrictive-covenants-in-uganda. Accessed 24 Nov. 2024.
NUNDWE, NGWAMBULA . "Examine The Law Of Restrictive Covenants In Uganda". Afribary, Afribary, 11 Jun. 2021. Web. 24 Nov. 2024. < https://afribary.com/works/examine-the-law-of-restrictive-covenants-in-uganda >.
NUNDWE, NGWAMBULA . "Examine The Law Of Restrictive Covenants In Uganda" Afribary (2021). Accessed November 24, 2024. https://afribary.com/works/examine-the-law-of-restrictive-covenants-in-uganda