In Deciding Whether or Not a Non-Competition Clause Is Enforceable

question 34

Multiple Choice

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

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

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