Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 13, Problem 20CP
Summary Introduction
Given situation:
Person E entered a contract with Company S which includes a non-competition clause that prevents her to take employment in a five direct competitors of company within three months of employment. Later after 2 months she accepted the employment offer of Company H and argues that because of geographic distance between the jobs.
To discuss: Whether the contract is enforceable.
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State whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer.
1 ) Taylor, aged 17, gets married, and divorces two months later. After getting divorced, she enters into a contract with Michael for the sale of his house. (
2 ) Jessica, aged 5, enters into a contract with John, aged 11, for the sale of his bicycle.
3 ) Nomsa, aged 16, runs a successful boutique with the consent of her parents, and enters into a contract relating to her business.
4 ) Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt.
5 ) Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing. (2)
William Schmalz entered into an employment contract with Hardy Salt Company. The contract granted Schmalz six months’ severance pay for involuntary termination but none for voluntary separation or termination for cause. Schmalz was asked to resign from his employment. He was informed that if he did not resign, he would be fired for alleged misconduct. When Schmalz turned in his letter of resignation, he signed a release prohibiting him from suing his former employer as a consequence of his employment. Schmalz consulted an attorney before signing the release and upon signing it received $4,583 (one month’s salary) in consideration. Schmalz now sues his former employer for the severance pay, claiming that he signed the release under duress. Is Schmalz correct in his assertion?
True/False
10. If John remarks to Jane that her employment will be based upon granting him sexual favours,this type of contract would be considered____________________.A. Voidable as Jane may assert that Lee is suffering from substantial mental incapacity.B. Necessary in order for Jane to obtain her job.C. Void as it is an immoral contract that is against public policy.D. A covenant not to compete for other job opportunities.
Chapter 13 Solutions
Smith and Roberson’s Business Law
Ch. 13 - Prob. 1COCh. 13 - Prob. 2COCh. 13 - Prob. 3COCh. 13 - Prob. 4COCh. 13 - Prob. 5COCh. 13 - Prob. 1QCh. 13 - Prob. 2QCh. 13 - Prob. 3QCh. 13 - Prob. 4QCh. 13 - Prob. 5Q
Ch. 13 - Prob. 6QCh. 13 - Prob. 7QCh. 13 - Prob. 8QCh. 13 - Prob. 9QCh. 13 - Prob. 10QCh. 13 - Prob. 12CPCh. 13 - Prob. 13CPCh. 13 - Prob. 14CPCh. 13 - Prob. 15CPCh. 13 - Prob. 16CPCh. 13 - Prob. 17CPCh. 13 - Prob. 18CPCh. 13 - Prob. 19CPCh. 13 - Prob. 20CPCh. 13 - Prob. 21CPCh. 13 - Prob. 22CPCh. 13 - Prob. 23CPCh. 13 - Prob. 1TSCh. 13 - Prob. 2TSCh. 13 - Prob. 3TS
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