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The nature of the study to be pursued in this article concerns the extent to which the common law systems of
England and Australia contain principles or rules designed to impinge on an employer's freedom of contract or legitimate trading interests in order to promote the ability of an employee to trade, work freely, and enjoy
the benefits of his/her labour and innovations. This will entail spelling out the principal elements of both the
English and Australian concepts and outlining the differences between them in light of new problems that
have emerged as a result of recent developments in economic and social conditions
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