Sam signs a covenant not to compete with his employer,Topp Sales Company.A court decides that the covenant is overly restrictive.The court will likely

Question

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While a court could potentially choose to enforce the covenant not to compete as written (choice A), this is unlikely if the court has already determined that the clause is overly restrictive. Similarly, while the court could choose to evaluate the effects of the clause over time (choice B), this is also unlikely to be the court's first choice. Refusing to enforce the clause unless additional consideration is paid (choice D) is also a possibility, but again, reforming the terms of the agreement to prevent undue burdens (choice C) is the best option, as it allows both parties to continue with their agreement while also ensuring that the terms are fair and reasonable.

Sam Signs a Covenant Not to Compete with His Employer,Topp