restraint

Confinement, abridgment, or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement, or restriction of liberty. Obstruction, hindrance or destruction of trade or commerce.

See restraint of trade

- stop.

@ unlawful restraint

Unlawful restraint is knowingly and without legal authority restraining another so as to interfere substantially with his liberty. A person is "restrained" or "imprisoned" for false imprisonment purposes when he is deprived of either liberty of movement or freedom to remain in place of his lawful choice, and such restraint or imprisonment may be accomplished by physical force alone, by threat of force, or by conduct reasonably implying that force will be used. Kilcup v. McManus, 64 Wash.2d 771, 394 P.2d 375, 379.

Person is guilty of "unlawful restraint" if he knowingly:

(1) restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or

(2) holds another in a condition of involuntary servitude. 18 Pa.C.S.A. No. 2902.

See also imprisonment (false imprisonment); kidnapping.

Term may also refer to restraint of person for search or seizure without lawful warrant or probable cause.

See search

@ restraint of marriage

The law will not enforce a general restraint of marriage which bars the donee or legatee from ever marrying as a condition of receiving the gift or legacy; but limitations on a gift which conditions it on the donee's or legatee's marrying within a certain religion or nationality have been upheld.

@ restraint of princes and rulers

In marine and war risk policies, refers to operation of sovereign power by exercise of vis major, in its sovereign capacity, controlling and divesting for the time, the authority of owner over ship, and clause applies only to acts done in exercise of sovereign power. Baker Castor Oil Co. v. Ins. Co. of North America, 157 F.2d 13.

Where the "restraint of princes" clause or similar language is found in the contract, a reasonable apprehension of capture or destruction of the ship or cargo will justify nonperformance of the agreement to carry. The George J. Goulandris, D.C.Me., 36 F.Supp. 827, 830, 834.

A "restraint of princes" may be an act performed for purposes connected with the prosecution of war, or some other act, such as quarantines or prohibition of entry into port for sanitary reasons

@ restraint of trade

Contracts or combinations which tend or are designed to eliminate or stifle competition, effect a monopoly, artificially maintain prices, or otherwise hamper or obstruct the course of trade and commerce as it would be carried on if left to the control of natural economic forces. U. S. v. Reading Co., 253 U.S. 26, 40 S.Ct. 425, 429, 64 L.Ed. 760; U. S. v. Socony-Vacuum Oil Co., 310 U.S. 150, 221, 60 S.Ct. 811, 84 L.Ed. 1129.

Term as used in Sherman Act means "unreasonable restraints of trade" which are illegal per se restraints interfering with free competition in business and commercial transactions which tend to restrict production, affect prices, or otherwise control market to detriment of purchasers or consumers of goods and services, or those restraints of trade, ordinarily reasonable, but made unreasonable because accompanied with specific intent to accomplish equivalent of a forbidden restraint. Klor's Inc. v. Broadway-Hale Stores, Inc., C.A.Cal., 255 F.2d 214, 230.

To restrain interstate trade and commerce means to interfere unreasonably with the ordinary, usual and freely-competitive pricing or distribution system of the open market in interstate trade and commerce. A conspiracy may restrain interstate commerce even though some or all of the defendants are not engaged in interstate commerce, and even though some or all of the means employed may be acts wholly within a state, if there is a substantial and direct effect on interstate commerce. Sherman Antitrust Act, No. 1.

See also rule (rule of reason)

- Sherman Antitrust Act

@ restraint on alienation

A provision in an instrument of conveyance which prohibits the grantee from selling or transferring the property which is the subject of the conveyance. Most such restraints are unenforceable as against public policy and the law's policy of free alienability of land.

See restrictive covenant.

Any provision in a trust or other instrument which, either by express terms or by implication, purports to prohibit or penalize the use of the power of alienation; the trusts usually involved are spendthrift, discretionary and support trusts. Philp v. Trainor, Fla.App., 100 So.2d 181, 183.

See also perpetuity

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