Stuart Waterstone Forum Index Stuart Waterstone

 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Answers to Mort Hypo

Post new topic   Reply to topic    Stuart Waterstone Forum Index -> Notes
View previous topic :: View next topic  
Author Message
Site Admin

Joined: 31 Jan 2005
Posts: 156

PostPosted: Fri Jun 09, 2017 7:55 pm    Post subject: Answers to Mort Hypo Reply with quote

Too many of you failed to answer this hypothetical correctly. Therefore, I'm giving you a detailed answer. Today's lecture featured most of what is here, however, I want you to have it in writing also.

Issue: Is the covenant not to compete enforceable?

Rule: If all 3 elements are REASONABLE, then it is enforceable, if even one is not reasonable then it is NOT enforceable and the Courts will not enforce it.

Analysis: If ALLTHREE requirements for this covenant are enforceable then they must ALL be “reasonable”. The start of any discussion regarding the answer to this issue is to discuss the Geographic size of Tucson.

Of the 3 requirements: The easy one is length of time: Courts have decided 10 years is reasonable.

The line of business and the geographic area are inter-related, therefore, when considering reasonableness, the more esoteric/unique the type of business (line) the greater latitude the Courts will allow regarding the distance restriction. In the instant case the Court needs to discuss this inter-relationship and balance a very, very unique line of business in a city of 195.1 square miles.

Conclusion: The conclusion totally rests on how you, as individuals, decide. (It like many TV shows results in a cliff-hanger!!!!!) It's up to you decide: reasonable or unreasonable depending on your analysis!!
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Stuart Waterstone Forum Index -> Notes All times are GMT - 8 Hours
Page 1 of 1

Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum

Powered by phpBB © 2001, 2005 phpBB Group