Eduardo had worked for Dirk Inc. for five years as a machine operator on a particular press machine used to make a highly sophisticated control panels. There were only two machines of this type in Canada, the other was owned by Dirk's only competitor. Through his skills, Eduardo had learned how to operate the machine at peak efficiency and he approached Dirk Inc. for a sizeable increase in salary. When Dirk Inc. refused, Eduardo indicated that he would have to consider his alternatives and Dirk reminded him of the confidentiality clause in his employment contract. Eduardo quit his position with Dirk and went to work for its competitor. Which of the following best describes Dirk Inc.'s position if it wishes to stop Eduardo from working for its competitor?
A) Dirk will get an injunction against Eduardo
B) It can successfully sue Eduardo's new employer for inducing breach of contract.
C) Dirk Inc. will be unsuccessful in preventing Eduardo from using his skills acquired at Dirk for the benefit of his new employer.
D) Dirk can enforce the confidentiality clause in an action against Eduardo for breach of contract.
E) Both B and D
Correct Answer:
Verified
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