Question

Paul agrees to sell his clothing store to Michael and, as part of the sale, to execute a covenant not to compete promising not to open a similar store within one thousand miles for the next twenty years. A court reviewing the terms of the covenant would likely find that it is:________. a) unenforceable because all covenants not to compete are unreasonable. b) unreasonable as to both geographical scope and duration c) unreasonable with regard to duration d) enforceable

Answer 1

Answer:

d) enforceable

Explanation:

A court reviewing the terms of the covenant would likely find that it is enforceable. This is a standard clause found in many contracts and is also known as Non-compete clause. It is standard because a seller that has the experience of running a similar business can sell the business collect the profit from the sale and open create another similar business with little to no capital and quickly outperform their previous business due to the amount of experience that they have. In order to prevent this, many buyers require this clause to be added to the sales contract.