Restraint
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Related to Restraint: restraint of trade, chemical restraint
RESTRAINT. Something which prevents us from doing what we would desire to
do.
2. Restraint is lawful and unlawful. It is lawful when its object is to
prevent the violation of the law, or the rights of others. It is unlawful
when it is used to prevent others from doing a lawful act; for example, when
one binds himself not to trade generally; but an agreement not to trade in a
particular place is lawful. A legacy given in restraint of marriage, or on
condition that the legatee shall not marry, is good, and the condition alone
is void. The Roman civil law agrees with ours in this respect; a legacy
given on condition that the legatee shall not marry is void. Clef des Lois
Rom. mot Passion. See Condition; Limitation.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.