What factors determine whether a restraint is reasonable

Assignment Help Business Law and Ethics

Reference no: EM131668812 , Length: word count:1000

ASSIGNMENT -

David and Cathy intend purchasing a restaurant business from a local entrepreneur. They wish to ensure that he cannot set up a competing restaurant or café in the area within 12 months after the purchase or they believe that the investment will not be viable.

Advise David and Cathy as to how far they can go with respect to restraining the vendor's freedom of trade.

What if they go too far?

Questions to consider in answering Question 8.7:

What area of law is the question concerned with?
Is a contract in restraint of tradevalid or void?
If a contract in restraint of trade is prima facie void, what does this mean?
How can David and Cathy protect themselves then? What factors determine whether a restraint is reasonable?
What is the effect on David and Cathy if the clause they insert is not reasonable?
See Nordenfelt v Maxim Nordenfelt Guns and Ammunition.

Assessment Criteria - Written presentation

Identify the issues of the problem.
Explain the relevant law relating to the problem.
Discuss the potential legal arguments relating to the problem.
Summarise a balanced conclusion to the issues of the problem.

Reference no: EM131668812

Questions Cloud

How the idea of quantum mechanics came : 1. How the idea of quantum mechanics came ? 2.Write a short notes on the growth of quantum mechannics.

Determine the number of orders in each price bin : Richardson Ski Racing (RSR) sells equipment needed for downhill ski racing. One of RSR's products is fencing used on downhill courses.

Role of managers as decision makers : MGT101-Fundamentals of Management Assignment - In your discussion you must elaborate on each of the steps and the relevant factors (including ethics)

What is the ip address of your dhcp server : What is the IP address of your DHCP server? Explain the purpose of the router and subnet mask lines in the DHCP offer message.

What factors determine whether a restraint is reasonable : How can David and Cathy protect themselves then? What factors determine whether a restraint is reasonable?

One of the greatest uses of the internet is e-mail : One of the greatest uses of the Internet is e-mail, which allows messages and other data to be sent anywhere in the world instantly with no cost.

Team sports for becoming good team player in workplace : What is your opinion of the value of experience in team sports for becoming a good team player in the workplace?

While going around curve near construction project : After arriving on Martha's Vineyard for vacation, George rented a car from Smart Car Island Rentals. While going around a curve near a construction project,

Discourage workers from telecommuting : Some top-level managers prohibit or discourage workers from telecommuting. What is your opinion on this issue?

Reviews

len1668812

10/5/2017 4:31:54 AM

Australian student, total 1000 words. Written presentation - At all times, the answer was clearly structured, logical, and understandable with references. Identify the issues of the problem - All of the issues are clearly and accurately detailed with reference to cases with similar facts. Explain the relevant law relating to the problem - All of the relevant law is clearly and accurately detailed, and the Act and related cases are discussed. Discuss the potential legal arguments relating to the problem - All the legal arguments are clearly and accurately detailed, and there is a synthesis with the relevant law. Summarise a balanced conclusion to the issues of the problem - A balanced decision is accurately detailed with reference to alternative outcomes.

Write a Review

Required(*) Message

Business Law and Ethics Questions & Answers

Legal environment of business caselet

The assignment in Law deals with the topic "Legal Environment of Business". A case study about Mary, a newly joined employee who is working in the USA and Europe. She faces few issues at her work place in Europe and tries to talk to her manager who s..

Business ethics & legal issues caselet

This assignment is about the concept of Business Ethics & Legal Issues. The laws relating to these can be found in Antitrust laws. These laws are concerned with those large corporations which have a majority of market share, mergers and acquisitions.

Questions on business law and ethics

Examples of securities that are exempted from the registration provisions of the 1933 Act and involving misstatement of material facts in a prospectus.

Discuss the doctrine of ratification of pre-incorporation

With the aid of a decided cases, discuss the doctrine of ratification of pre-incorporation contract.

Discuss the extent of phoenixing activity

It has been estimated that about 6,000 phoenix companies operate in Australia, costing government and the community hundreds of millions of dollars per year and impacting on individuals.

Application of law to facts

Company Law, Application of Law to Facts and Conclusion.

Question on business law and ethics

This assignment related to business law.

Questions on business law

Answer all the questions under business law.

Iidentify the issue raised by the facts

Iidentify the issue(s) raised by the facts, identify the relevant legal principles, apply the relevant legal principles to the facts, reach a conclusion.

Evaluation of software development

Prepare a report and present an evaluation of the subsequent methodologies for software development in terms of cost, resources and time.

Business value and ethics

Business value and ethics, Bart agrees to put Sam's Super Bowl champion-ship autographed football in his sports store to sell for $1,500. Sam agrees to pay Bart a 15% commission for selling the ball. If Joe comes in the sports store and offers Bart ..

Explain what is meant by income by ordinary concepts

Advise what tax consequences arise in respect of the payments.

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

Submit Assignment

User Account

All Pages