Who usually enters into employment contracts and what provision is commonly included regarding possible restraint of trade? Explain the purpose of such provisions
Salespeople, management personnel, and other employees frequently are required to sign employment contracts prohibiting them from competing with their employers during their time of employment and for some additional stated period after termination. The purpose of the restraint is to protect a property interest of the promisee. Employment contracts are also frequently signed among corporations and partnerships involving professionals, such as accountants, lawyers, investment brokers, stockbrokers, or doctors. These groups of people may enter into restraint of trade contracts to prevent fellow professionals from selling their practices and then setting up a similar practice nearby and taking clients or patients that they had essentially agreed to refrain from treating or working with after selling their business.
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Which of the following situations severely limits the use of industry norms as standards of comparison?
A) The fact that little information exists on industry norms B) The existence of conglomerates C) The presentation of segmented information D) A downward turn in the economy
The rule of reason is characterized by ________
A) an automatic violation of Section 1 of the Sherman Act B) an inherently anticompetitive nature C) a lack of need for any evidence to deem the restraint unreasonable D) an evaluation of the company's market share, power, and other facets
Which of the following statements is true of the discovery process in civil proceedings?
A) the existence of relevant emails must be disclosed to the other side B) admissions useful to one party's case are sometime made by the opposing party during this process C) it can be used to encourage out of court settlements D) None of the above E) All of the above
Under the UCC, the risk of loss is necessarily determined by title.?
Indicate whether the statement is true or false