Which of the Following Is Correct with Respect to Restrictive

question 95

Multiple Choice

Which of the following is correct with respect to restrictive covenants included in employment contracts?

• A)For such a clause to be valid,it is only necessary to show that it was needed to protect the employer's interest.
• B)Such restrictive covenants are always void and have no place in employment contracts.
• C)Such restrictive covenants are enforceable in court if reasonable in that they are necessary to protect the employer's interests and go no further than necessary to achieve that goal.
• D)When employers require employees to enter into such agreements long after the initial hiring,it becomes part of the initial employment contract and does not require new consideration.
• E)The imposition of such a restriction is at the option of the employer and the employee has no say in the matter.

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Definitions:

Superseding Causes

Events that occur after a defendant's negligent act, breaking the causal connection between that act and the harm suffered, and relieving the defendant of liability.

Res Ipsa Loquitur

A legal doctrine that allows proof of negligence to be inferred from the mere fact that an accident occurred, if the accident is the kind that typically would not happen without negligence.

Proximate Cause

The extent to which, as a matter of policy, a defendant may be held liable for the consequences of his or her actions. In the majority of states, proximate cause requires that the plaintiff and the type of injury suffered by the plaintiff were foreseeable at the time of the accident. In the minority of states, proximate cause exists if the defendant’s actions led to the plaintiff’s harm.

Legal Cause

A legally sufficient reason to file a lawsuit, based on recognized legal principles.