Where a restraint of trade deed defines 'capacity' by listing specific forms of involvement in a competitive business, the court cannot simply read down the definition by reference to events not within the contemplation of the parties — the specifically identified capacities must be assessed for reasonableness. However, unreasonable capacities may be severed from the definition where the deed contains a severability clause and severance does not alter the scope and intention of the agreement. A restraint covering the whole of a State is reasonable where the employer's business and the employee's territory covered a large proportion of that State. A one-year duration is reasonable for a sales consultant who had access to confidential customer information and whose customer contracts were typically for two years.
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