Reference no: EM133229799

Danny Ocean enters an agreement with seven of his closest professional friends for the purpose of robbing a rival's Las Vegas casino. Each person is paid $25,000 as a down payment for their services so that they can move to Las Vegas to prepare for the job that will take place on March 1st, and an agreement that each party will split the final amount recovered evenly. On the date of the job, one of the members of the group, Brad, arrives to complete his portion of the job, but while walking into the casino he trips breaking his ankle and making it impossible for him to complete his portion of the job. The remaining members successfully complete the job and agree to split the $10 million they recover equally.

At the conclusion of the job, Danny has each of the members sign two new agreements: First, is a confidentiality agreement that prevents them from ever disclosing how they were able to pull off the job and the identities of the other members, it includes disclosure to law enforcement agencies. Second, the members must agree to never work in any capacity in the Las Vegas area for the next 20 years.

After losing out on the payday due to his broken ankle, Brad files suit against Danny and the other members seeking compensation for his role and as he was unable to perform due to impossibility of performance.

1. Have the parties entered into a valid and enforceable contract?

2. Will Brad be successful in his suit against Danny and the remaining members in his suit, and what possible remedies may be available to him if he were to be successful?

For parts 3 and 4 - ignore any possible arguments about the enforceability of the original agreement and only focus on the subsequent agreements.

3. Is the confidentiality agreement that the parties entered into legally enforceable as written?

4. Have the parties entered into a valid non-compete agreement?