Mel Has a Neighborhood Grocery Store That He Would Like

question 66

Essay

Mel has a neighborhood grocery store that he would like to sell. Casey is interested in purchasing the business, but he is concerned because he knows that Mel has built up a lot of goodwill over the years, and he wonders whether Mel might not just open another store down the block and take all of the business from the old store with him. Casey asks for and receives from Mel a clause in the sale agreement that Mel will not open another grocery store within a 150-mile radius of the old store for a period of at least ten years.
a. What is this agreement called?
b. Is the negotiated clause a valid one? Explain why or why not.
c. What guidelines would a court ordinarily use in determining whether to enforce such a clause?

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Definitions:

Vent

A means of expressing emotions or thoughts, or a physical opening designed to allow air, gas, or liquid to pass out of or into a space.

Developmental Self-concept

An individual's evolving perception and evaluation of themselves, which changes with age and experiences.

Initiative Versus Guilt

A stage in Erik Erikson's theory of psychosocial development where children learn to undertake and initiate activities or feel guilty for their efforts and impulses.

Geriatric Patients'

Referring to older adults or elderly patients, often focusing on their medical care, treatment, and wellness strategies.