In Deciding Whether or Not a Non-Competition Clause Is Enforceable

Multiple Choice

In deciding whether or not a non-competition clause is enforceable, a court will

A) examine only the terms of the parties' agreement and not the likely effect of that agreement.
B) enforce the clause only if the former employee received independent legal advice before signing the agreement.
C) be influenced by the employer's personal interests but not by its proprietary interests.
D) be less likely to enforce the clause if the employer could have been sufficiently protected by a non-solicitation clause.
E) not be influenced by the fact that the employer wrongfully terminated the employee's contract of employment.