How have courts interpreted the provisions of the California Civil Code former section 1673 in the context of restraints on business operations and commercial dealings?

California, United States of America


The following excerpt is from Ixchel Pharma, LLC v. Biogen, Inc., 266 Cal.Rptr.3d 665, 470 P.3d 571, 9 Cal.5th 1130 (Cal. 2020):

By contrast, we did not interpret Civil Code former section 1673 so literally with regard to contractual restraints on business operations and commercial dealings. We generally declared agreements in this context valid if the restraints they imposed were reasonable. In Grogan v. Chaffee (1909) 156 Cal. 611, 105 P. 745 ( Grogan ), we upheld a contract between a manufacturer and purchaser of olive oil requiring the purchaser to resell the

[9 Cal.5th 1154]

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