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Feb 24, 2022 · While Non-Compete Clauses (“NCCs”) applying Exceptions 1 and 2 to s.28 are valid post-employment, NCCs applying Exception 3 may be applicable during the contractual period, as expounded in Polygram Records Sdn Bhd v The Search & Anor [1994] 3 MLJ 127 (this will be dealt with in more detail in Part 2 of this Article).
In deciding whether such clause is of restraint of trade, the English court will apply the concept of reasonableness and fairness. In Malaysia, the position is different and this can be found in the case of Polygram Records Sdn Bhd v. Hillary Ang & Ors (Collectively Known As “The Search”) & Anor [1994] 3 CLJ 806. It was held that once the ...
Inthe case ofPolygram Records Sdn Bhd v. The Search &Anor1 Visu Sinnadurai J. statedthat: It has long been generally accepted both by judges and textbook writers, that in every case where undue influence was being alleged, the party seekingto set aside the transaction must also establishsome manifestdisadvantage to the contractingparty: see for ...
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Saw Gaik Beow v Cheong Yew Weng – foundation of the principle to grant equitable relief isn’t inequality of bargaining power but prevention of victimization of one party to another. Polygram Records SB v The Search They must prove that they suffered some manifest disadvantage ie major modification of terms of contract.
Polygram Records Sdn Bhd v The Search & Anor [1994] 3 MLJ 127, 162-163 (HC); (iii) penalty: Contracts Act s 75. 3 Janet O’Sullivan, O’Sullivan & Hilliard’s The Law of Contract (Oxford University Press, 9th ed, 2020) 3-4. 4 MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] 4 All ER 21 (UKSC) (‘MWB’).
CASE REVIEW CONTRACTS 2 (SECTION 3) CASE REVIEW ON UNDUE INFLUENCE Name of the Case Polygram Records Sdn Bhd v The Search [1994] 3 MLJ 127 Tutorial Section Tuesday (16:00-17:00) Name of the Group Members Shahida Mardhiah Syarqawi (1818298) Nivisha bt Anuar (1810866) Rozenbeth Chin Kind Yin (1818792)
