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In the Case of Herff Jones Canada Inc

Question 52

Multiple Choice

In the case of Herff Jones Canada Inc. v. Todd, the Court considered a clause in a sales representative contract that prohibited the representative from working for a competitor for four years. What did the Court hold?


A) The covenant was unenforceable because it was not under seal.
B) The covenant was enforced because it was reasonable between the parties and reasonable with regard to the public interest.
C) The covenant was enforced despite been overly excessive, on the basis of the principle of the freedom to contract.
D) The covenant was unenforceable because such covenants demand independent legal advice prior to execution and none was obtained.
E) The covenant was void because such provisions are in restraint of trade and therefore automatically illegal.

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