61.   In the present case however the court was not concerned with a standard clause and therefore it decided its approach should be different.

62.   One view is that the court is not concerned to examine the adequacy of the consideration.

63.   In others, where the courts have been unable to find any contract between the parties, the courts have had to rely on an equitable doctrine of confidence.

64.   His former employer will quite clearly not benefit from this conduct and the courts are concerned with defining how far the employer can restrict such competition.

65.   The court was adamant in its rejection of fanciful interpretations of the clause so as to make it so wide as to be unreasonable.

66.   The courts were generally reluctant to construe an exclusion clause as covering cases of breach of fundamental term or fundamental breach.

67.   A court is unlikely to regard it as reasonable to exclude liability in such cases.

68.   Nevertheless, especially in the case of executed contracts, the courts are anxious to uphold contracts between businessmen.

69.   In general, the courts are concerned to enforce contracts between businessmen, especially executed agreements even where the uncertain terms may be meaningless.

70.   If one party freely consents to a clause, a court is unlikely to hold it unreasonable.