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Al, an Accountant, Has a Tax Service and Accounting Business

Question 50

Multiple Choice

Al, an accountant, has a tax service and accounting business in Redwood City. He decides to move to Center City, which is 150 miles away and sells his accounting practice to Able and Baker, a CPA firm. In the sale contract, he agrees that he will refrain from practicing accounting anywhere within a 60-mile radius of Redwood City for a period of two years. However, on weekends he returns to his house in Redwood City, and when clients call him, he meets with them in his home. In this case:


A) Al is in violation of the sale agreement, which contained restrictions that would probably be held to be valid.
B) the agreement is invalid, because it is an illegal restraint on trade.
C) the agreement is illegal, because it is a violation of public policy.
D) the two-year provision is likely to be held invalid, because it is too long a period of time.

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