Illegal Contracts Act 1970

  • repealed
  • Illegal Contracts Act 1970: repealed, on 1 September 2017, by section 345(1)(g) of the Contract and Commercial Law Act 2017 (2017 No 5).
8 Restraints of trade


Where any provision of any contract constitutes an unreasonable restraint of trade, the court may—


delete the provision and give effect to the contract as so amended; or


so modify the provision that at the time the contract was entered into the provision as modified would have been reasonable, and give effect to the contract as so modified; or


where the deletion or modification of the provision would so alter the bargain between the parties that it would be unreasonable to allow the contract to stand, decline to enforce the contract.


The court may modify a provision under paragraph (b) of subsection (1), notwithstanding that the modification cannot be effected by the deletion of words from the provision.