In the case in the text,Clark's Sale and Service,Inc.v.Smith,why did the court refuse to enforce the restrictive covenant?
A)The restrictive covenant was overly broad and indivisible.
B)The restrictive covenant did not serve a legitimate business purpose.
C)The restrictive covenant was unreasonable in time.
D)The restrictive covenant imposed an undue hardship on Smith.

Question

Quizplus · Accepted Answer

The court held that the overly broad and unenforceable covenant that Clark's drafted was not clearly separated into divisible parts or severable in terms such that it could mechanically strike unreasonable restrictions and enforce reasonable ones.

In the Case in the Text,Clark's Sale and Service,Inc