Code of Alabama
Ala. Code § 8-1-1 (2026)
Contracts Restraining Business Void; Exceptions.
✓ official Alabama Legislature (ALISON) text, current July 2026
Repealed by Act 2015-465 effective January 1, 2016.
(Code 1923, §§6826, 6827, 6828; Acts 1931, No. 546, p. 647; Code 1940, T. 9, §§22, 23, 24.)
Notes of Decisions
Cited in 54
cases (3 in the last 5 years), 1978–2022 · leading case: Pitney Bowes, Inc. v. Berney Off. Solutions, 823 So. 2d 659 (Ala. 2001).
Pitney Bowes, Inc. v. Berney Off. Solutions, 823 So. 2d 659 (Ala. 2001). “"A person or entity seeking to enforce a contract that restrains the exercise of a lawful trade or business has the burden of showing that it is not void under Ala.Code 1975, § 8-1-1." Construction Materials, Inc.”
Sevier Ins. Agency, Inc. v. Willis Corroon Corp., 711 So. 2d 995 (Ala. 1998). “These appeals present three issues: 1) whether the contractual agreements between CCA and its former employees, Taylor and Dean, are enforceable under § 8-1-1, Ala. Code 1975; 2) whether Corroon, as a corporate successor to CCA, the corporation with which Dean and Taylor made…”
Wyatt Saf. Supply Co. v. INDUS. Saf. PORD., INC., 566 So. 2d 728 (Ala. 1990). “In other circumstances, we have addressed § 8-1-1's failure to make an explicit exception to the provision's prohibition of contracts in restraint of trade, and we examine those cases for guidance.”
Kershaw v. Knox Kershaw, Inc., 523 So. 2d 351 (Ala. 1988). “Whether the lower court erred in validating the non-competition covenant in light of Ala.Code 1975, § 8-1-1. a. Whether this argument was properly raised by the defendants at the trial level.”
Dyson Conveyor Maint., Inc. v. Young & Vann Supply Co., 529 So. 2d 212 (Ala. 1988). “Among other arguments, [2] Dyson Conveyor contends that the no switching provision *214 violates Ala.Code 1975, § 8-1-1, which reads: "(a) Every contract by which anyone is restrained from exercising a lawful profession, trade or business of any kind otherwise than is provided…”
Mann v. Cherry, Bekaert & Holland, 414 So. 2d 921 (Ala. 1982). “Although the trial court held that the non-competition covenant was void under Code 1975, § 8-1-1, it, nevertheless, upheld the remainder of the contract, thereby requiring William C.”
Benchmark Med. Holdings, Inc. v. Rehab Solutions, LLC, 307 F. Supp. 2d 1249 (M.D. Ala. 2004). “(c) Upon or in anticipation of a dissolution of the partnership, partners may agree that none of them will carry on a similar business within the same county, city or town, or within a specified part thereof, where the partnership business has been transacted.”
Nobles-Hamilton v. Thompson, 883 So. 2d 1247 (Ala. Civ. App. 2004). “She does not raise any arguments concerning the intentional-interference-with-business-relations claim.”
Crown Castle USA, Inc. v. Howell Eng'g & Surveying, Inc., 981 So. 2d 400 (Ala. Civ. App. 2005). “The noncompetition provisions in the parties’ agreement were enforceable under North Carolina law, but they violated Ala.Code 1975, § 8-1-1. Id. As the Brown court explained: “The partnership agreement specifies that the parties agree that North Carolina law will govern the…”
Benchmark Med. Holdings, Inc. v. Barnes, 328 F. Supp. 2d 1236 (M.D. Ala. 2004). “Ala. Code § 8-1-1 (1975). Under Alabama law, an agreement not to compete that restrains the practice of a lawful business or trade can only be enforced if the party seeking to uphold the provision meets the burden of demonstrating that the non-competition agreement, pursuant to…”
Martin v. Battistella, 9 So. 3d 1235 (Ala. 2008). “The buying partner sued and argued on appeal that veterinarians are not "professionals" and are therefore not prohibited by § 8-1-1 from entering into restrictive covenants not to compete.”
Tomlinson v. Humana, Inc., 495 So. 2d 630 (Ala. 1986). “The Court's opinion correctly states that we have long held that contracts imposing partial restraints on trade often do not offend § 8-1-1. See, e.g., Gafnea v. Pasquale Food Co.”
— Ala. Code § 8-1-1(a) — 15 cases
Mann v. Cherry, Bekaert & Holland, 414 So. 2d 921 (Ala. 1982). “Although the trial court held that the non-competition covenant was void under Code 1975, § 8-1-1, it, nevertheless, upheld the remainder of the contract, thereby requiring William C.”
Wyatt Saf. Supply Co. v. INDUS. Saf. PORD., INC., 566 So. 2d 728 (Ala. 1990). “In other circumstances, we have addressed § 8-1-1's failure to make an explicit exception to the provision's prohibition of contracts in restraint of trade, and we examine those cases for guidance.”
Pitney Bowes, Inc. v. Berney Off. Solutions, 823 So. 2d 659 (Ala. 2001). “"A person or entity seeking to enforce a contract that restrains the exercise of a lawful trade or business has the burden of showing that it is not void under Ala.Code 1975, § 8-1-1." Construction Materials, Inc.”
Northcom, Ltd. v. James, 694 So. 2d 1329 (Ala. 1997).
Sevier Ins. Agency, Inc. v. Willis Corroon Corp., 711 So. 2d 995 (Ala. 1998). “These appeals present three issues: 1) whether the contractual agreements between CCA and its former employees, Taylor and Dean, are enforceable under § 8-1-1, Ala. Code 1975; 2) whether Corroon, as a corporate successor to CCA, the corporation with which Dean and Taylor made…”
— Ala. Code § 8-1-1(b) — 10 cases
Pitney Bowes, Inc. v. Berney Off. Solutions, 823 So. 2d 659 (Ala. 2001). “"A person or entity seeking to enforce a contract that restrains the exercise of a lawful trade or business has the burden of showing that it is not void under Ala.Code 1975, § 8-1-1." Construction Materials, Inc.”
Wyatt Saf. Supply Co. v. INDUS. Saf. PORD., INC., 566 So. 2d 728 (Ala. 1990). “In other circumstances, we have addressed § 8-1-1's failure to make an explicit exception to the provision's prohibition of contracts in restraint of trade, and we examine those cases for guidance.”
Sevier Ins. Agency, Inc. v. Willis Corroon Corp., 711 So. 2d 995 (Ala. 1998). “These appeals present three issues: 1) whether the contractual agreements between CCA and its former employees, Taylor and Dean, are enforceable under § 8-1-1, Ala. Code 1975; 2) whether Corroon, as a corporate successor to CCA, the corporation with which Dean and Taylor made…”
Unisource Worldwide, Inc. v. South Cent. Alabama Supply, LLC, 199 F. Supp. 2d 1194 (M.D. Ala. 2001).
Nobles-Hamilton v. Thompson, 883 So. 2d 1247 (Ala. Civ. App. 2004). “She does not raise any arguments concerning the intentional-interference-with-business-relations claim.”
— Ala. Code § 8-1-1(c) — 1 case
Wyatt Saf. Supply Co. v. INDUS. Saf. PORD., INC., 566 So. 2d 728 (Ala. 1990). “In other circumstances, we have addressed § 8-1-1's failure to make an explicit exception to the provision's prohibition of contracts in restraint of trade, and we examine those cases for guidance.”
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