In Deciding Whether or Not a Non- Competition Clause Is

question 67

Multiple Choice

In deciding whether or not a non- competition clause is enforceable, a court will

• A) be less likely to enforce the clause if the employer could have been sufficiently protected by a non- solicitation clause.
• B) enforce the clause only if the former employee received independent legal advice before signing the agreement.
• C) not be influenced by the fact that the employer wrongfully terminated the employee's contract of employment.
• D) be influenced by the employer's personal interests, but not by its proprietary interests.
• E) examine only the terms of the parties' agreement, and not the likely effect of that agreement.

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Definitions:

Symbolic Representation

is the use of symbols or abstract figures to represent ideas, concepts, or objects in a way that is not literally true but conveys meaning.

Mental Images

Mental representations that resemble the objects they represent by directly reflecting the perceptual qualities of the thing represented.

Reinterpret

To consider or represent something in a new or different way.

Analogical Representation

A form of cognitive representation where one idea, situation, or aspect is understood in terms of its similarity to another.