Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

تمرين 14

A contract by which Carroll Kennedy sold his dental practice to his nephew, Jeffrey Kennedy, contained an agreement not to compete within fifteen miles for three years after leaving Jeffrey's employment. Carroll and Jeffrey later could not agree on work hours, so they agreed that Carroll would leave. Jeffrey wrote him a letter, saying, "there is no alternative to ending our association." Carroll moved out of Jeffrey's offices and the next month opened an office in Hillsborough, within fifteen miles. Jeffrey sued Carroll for breach of contract. Carroll claimed that Jeffrey had orally agreed he could open a practice in Hillsborough. Carroll claimed that by agreeing to his leaving and saying there was no alternative, he and Jeffrey had agreed to a novation or their agreement. Had there been a novation?