Sharon is correct in that the restraint of trade must be "unreasonable" or "illegal". So, one would have to determine the effect on the "market" to determine if the restraint was "unreasonable". This is an evidentiary matter; extradinary expense or inconvenience or impossibility of compliance might all be considered.
Sharon.......I don't know you, but I do know some of the history of CKCSC, USA and they have skated a fine line on illegal restraint of trade issues. Suze Sharon Crawford wrote: > If that's the reason stated, the attorney is mistaken (or grasping at > straws). Restraint of trade is what breeders already agree to when joining > any kennel club because all have rules about breeding, selling puppies, and > so forth and when you join you agree to abide by those restrictions. There's > nothing illegal about restraint of trade as such. > Requiring that members health test their dogs -- no matter how stringent the > requirements -- would not be illegal, at least not in the United States. But > it would be illegal to try to drive non-members out of business through > price-fixing, monopolizing the import of registered dogs, etc. > > Sharon Crawford > Hayward, CA > > > -----Original Message----- > From: Rosanne Cleveland-King [mailto:[EMAIL PROTECTED]] > Sent: Sunday, August 18, 2002 11:25 AM > To: [EMAIL PROTECTED] > Subject: Re: [CKCS-L] Educating the Members > > > >>Hi, Roseanne, >> > I honestly don't know what personal rights would be violated in > requireing testing in a private club environment. However, I think it would > depend on how this was couched. So much in the current Code and Bylaws is > not decipherable/enforceable that I'm not sure how integration would work. > At present, I still see restraint of trade issues.< Suze, I KNEW you would > "get it". Restraint of trade is exactly what the club attorney said about > mandatory testing. Thanks Suze!! Rosanne > > ========================================================= > "Magic Commands": > to stop receiving mail for awhile, click here and send the email: > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20NOMAIL > to start it up gain click here: > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20MAIL > > E-mail [EMAIL PROTECTED] for assistance. Search the > Archives... http://apple.ease.lsoft.com/archives/ckcs-l.html > > All e-mail sent through CKCS-L is Copyright 2002 by its original author. > > ========================================================= > "Magic Commands": > to stop receiving mail for awhile, click here and send the email: > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20NOMAIL > to start it up gain click here: > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20MAIL > > E-mail [EMAIL PROTECTED] for assistance. > Search the Archives... http://apple.ease.lsoft.com/archives/ckcs-l.html > > All e-mail sent through CKCS-L is Copyright 2002 by its original author. > > -- Suze at Llawen Cavaliers "...I have seen that in any great undertaking it is not enough for a man to depend simply upon himself." -Isna Ia-wica "Thought comes before speech" Luther Standing Bear ========================================================= "Magic Commands": to stop receiving mail for awhile, click here and send the email: mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20NOMAIL to start it up gain click here: mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20MAIL E-mail [EMAIL PROTECTED] for assistance. Search the Archives... http://apple.ease.lsoft.com/archives/ckcs-l.html All e-mail sent through CKCS-L is Copyright 2002 by its original author.
