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In Deciding Whether or Not a Non- Competition Clause Is

Question 8

Multiple Choice

In deciding whether or not a non- competition clause is enforceable, a court will


A) be less likely to enforce the clause if the employer could have been sufficiently protected by a non- solicitation clause.
B) enforce the clause only if the former employee received independent legal advice before signing the agreement.
C) not be influenced by the fact that the employer wrongfully terminated the employee's contract of employment.
D) be influenced by the employer's personal interests, but not by its proprietary interests.
E) examine only the terms of the parties' agreement, and not the likely effect of that agreement.

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