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Non-compete Clause - Case Study Example

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Summary

The researcher of this paper states that Portier will win the lawsuit on the grounds that Glover violated the non-compete clause stipulated in the business sale contract when he opened a paint shop in a 400-mile radius from his former avionics shop at. …

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Subject: Law
Type: Case Study
Level: Undergraduate
Pages: 1 (250 words)
Downloads: 2
Author: alexandrine41

Extract of sample "Non-compete Clause"

In the current case, Glover had vast experience and a good reputation in the business such that opening a new aircraft painting shop would threaten the existence of Portier’s new venture. Portier has access to a few legal remedies for the breach of contract by Glover. Portier may seek injunctive relief where he requests the court to uphold the non-compete covenant such that Glover closes down his paint shop in Hutchins Town International Airport. On the other hand, Portier may seek monetary compensation from Glover if he can prove that he suffered a loss of profits caused by the breach.

There also exists a remedy in the form of punitive damages if the plaintiff (Portier) can prove malicious conduct on the part of the defendant (Glover). Glover would also be liable for paying legal fees and court costs if Portier demanded them as part of the damages (Timchenko, 2007 p.39).

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