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Enforcement Of Noncompete Agreements: Protecting The Public Interest Through An Entrepreneurial Approach, Griffin Toronjo Pivateau

Griffin Toronjo Pivateau

Enforcement of Noncompete Agreements: Protecting the Public Interest Through an Entrepreneurial Approach

The enforcement of noncompete agreements is variable, differing between courts, between states, and between contexts. Analysis of a noncompete agreement tends not only to be fact-dependent, but location-dependent as well. Some states enforce virtually all noncompete agreements; other states refuse to enforce any noncompete agreements. Courts determine reasonableness without regard to the terms of the agreement. A noncompete agreement is a unique type of contract, as the normal contract standard of mutual agreement supported by consideration falls to the wayside. Instead, reasonableness becomes the key to enforceability.

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