Asked by Graciela Rodriguez on May 16, 2024

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In which of the following situations is a court most likely to refuse to enforce a noncompetition clause?

A) The clause is not ratified by the employer.
B) The employment contract,which contains the clause,is an implied-in-fact contract.
C) The clause restricts employees from engaging in a "common calling."
D) The employment contract,which contains the clause,is a quasi-contract.

Noncompetition Clause

A contract provision that restricts one party from entering into or starting a similar profession or trade in competition against another party.

Common Calling

A profession or occupation that offers its services to the public generally, often subject to certain regulatory standards.

Implied-in-Fact Contract

An agreement derived from the actions or circumstances of the parties involved, rather than written or spoken words.

  • Recognize enforceability issues related to noncompetition clauses within contracts.
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Verified Answer

MB
Marcus BagleyMay 18, 2024
Final Answer :
C
Explanation :
Many courts refuse to enforce noncompetition clauses if they restrict employees from engaging in a "common calling." A common calling is an occupation that does not require extensive or highly sophisticated training but instead involves relatively simple,repetitive tasks.