Ask Question, Ask an Expert

+1-415-315-9853

info@mywordsolution.com

Ask Homework Help/Study Tips Expert

Company A enters in an employment agreement with Sales Manager. The employment agreement provides that, upon termination of the agreement, Sales Manager is prohibited from working for any competitor of Company A in any capacity for ten years. The agreement also provides that, in the event of a breach of this covenant, Sales Manager will be liable for $5,000,000 in liquidated damages.

- Is the covenant an enforceable agreement in restraint of trade? Why or why not?

- If you believe that the covenant is unenforceable, what changes would you recommend to make it enforceable?

- Sales Manager leaves Company A and goes to work for Company B, a competitor of Company A. Company A sues and demands payment of $5,000,000 in liquidated damages. Assuming the agreement in partial restraint of trade is otherwise enforceable, will Company A be entitled to a judgment in the amount of $5,000,000 against Sales Manager? Why or why not?

Company A enters into an agreement with Company B to purchase widgets from Company B for a two-year period. The contract sets forth quality standards that require at least 95% of the widgets to be suitable for Company A's purposes. From the first month of the arrangement, only 90% of the widgets met the quality standards. At first, Company A does not advise Company B of the problem because Company A needs to keep its production line moving and it hopes that Acme will improve its performance. However, after six months, Company A wants to terminate the contract.

- What contract clause or clauses should Company A review before terminating the agreement?

- Assume the same facts except Company A's Production Manager orally tells Company B that it can live with the 90% quality level but Company B needs to improve its performance. Does this modify the contract? What contract clause or clauses would you review to determine your answer to this problem and why? Would your answer be different if the Production Manager sent a letter? Why or why not?

- What defenses could Company B assert against Company A?

- Assume that Company B sues Company A. Since Company B is a small company with few resources, Company B wants to recover its attorneys' fees. Is this possible? What contract clauses should be reviewed and why?

Company A enters into a contract with Company B that requires Company B to use its best efforts to create a positive public image for Company A in consideration for payment in the amount of $10,000 per month. After three months, Company B has placed only one newspaper article about Company A, and Company A stops making the $10,000 per month payments.

- What contract clause or clauses should Company A review before stopping payments?

- What claims are Company A likely to make against Company B?

- What defenses are Company B likely to assert against Company A?

- Would it make any difference if the contract required "commercially reasonable best efforts"? Why or why not?

Homework Help/Study Tips, Others

  • Category:- Homework Help/Study Tips
  • Reference No.:- M935441

Have any Question? 


Related Questions in Homework Help/Study Tips

The purpose of this assignment is to draft and submit a

The purpose of this assignment is to draft and submit a comprehensive and complete rough draft of your Nursing Theory Comparison paper in APA format. Your rough draft should include all of the research paper elements of ...

Memory please respond to the followingbriefly describe a

"Memory" Please respond to the following: Briefly describe a situation where you or another person remembered an experience or situation differently. Apply what you have learned in Chapter 7 in an analysis of why your me ...

Physical activity in diseases and disordersduring the final

PHYSICAL ACTIVITY IN DISEASES AND DISORDERS During the final week of this class we will be discussing the health effects of exercise and physical activity on different diseases and disorders. Understanding the importance ...

Organization evaluation paperyou will evaluate the

Organization Evaluation Paper: You will evaluate the communication within a current, real-world organization or team based on your own observation of that organization/team. Find a current organization, on-going group or ...

Why are there so many types of therapy to treat the same

Why are there so many types of therapy to treat the same disorders? Please write a one to two paragrah response taking into consideration all you have learned in this class.

Discussion board question management and supervision in

Discussion Board Question Management and Supervision in Criminal Justice The opposite of empowerment is micromanagement. Describe what it feels like to be micromanaged. How do you react to being micromanaged? What can yo ...

1 analyze the cultural influences associated with health

1. Analyze the cultural influences associated with health disparities in a specific population. 2. Discuss the ways in which the Healthy People 2020 objectives and the health-related. 3. Millennium Development Goals prov ...

Personal diversity statementassignment personal diversity

Personal Diversity Statement Assignment: Personal Diversity Statement If you were in a leadership position and were responsible for developing a diversity statement, what would include in this statement? To prepare: Revi ...

Select any four of these six topics for your final written

Select any four of these six topics for your Final Written Assignment and address each question comprehensively: 1. It has been said that "a company that deserves a union gets one," suggesting that if proper leadership a ...

Select a psychoactive drug that is of pharmacological

Select a psychoactive drug that is of pharmacological interest to you, but not one you will review as part of your Critical Review. For this paper, you may choose drugs of abuse; however, the paper must focus on the phar ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

WalMart Identification of theory and critical discussion

Drawing on the prescribed text and/or relevant academic literature, produce a paper which discusses the nature of group

Section onea in an atwood machine suppose two objects of

SECTION ONE (a) In an Atwood Machine, suppose two objects of unequal mass are hung vertically over a frictionless

Part 1you work in hr for a company that operates a factory

Part 1: You work in HR for a company that operates a factory manufacturing fiberglass. There are several hundred empl

Details on advanced accounting paperthis paper is intended

DETAILS ON ADVANCED ACCOUNTING PAPER This paper is intended for students to apply the theoretical knowledge around ac

Create a provider database and related reports and queries

Create a provider database and related reports and queries to capture contact information for potential PC component pro