Mark operated an automobile repair and tow shop in Boston Massachusetts. After accepting a job in another city, Mark closed the shop and sold this tow trucks to Robert and Bess Daly, who opened a business called Boston Towing Company. The contract for the tow trucks included the following provision:

Covenant Not to Compete. Seller agrees not to engage in the business of towing or to commit any other acts detrimental to the business operated by the Buyers.

Mark soon became dissatisfied with his job and returned to Boston and opened a business called Mark Tow Services. The Daly?s sue him for violation of the covenant not to compete. Should the court enforce the agreement? If the Daly?s had asked for your recommendation an improving the covenant not to compete PRIOR to signing, what would you advise?

Grading Rubric for Case Studies Criteria Focus Specificity Support Excelent: Comments make vividly clear and accurate references to each specific prompt/question. 30 pts Use of Language Excelent: Majority of comments include specific details. 15 pts Excelent: Comments are articulate and show a high level of thought. Thoughtfullness 15 pts Excelent: Comments are well-supported and documented. 15 pts Ratings Good: Comments make some reference to prompts/questions but do not address each of them in a clear and accurate Excelent: Writing is well organized, unified and error-free. 10 pts manner. 18 pts Good: Some comments include specific details. 7.5 pts Good: Comments show some thought. 7.5 pts Fails to Meet Expectations: No comments indude specific details. 0 pts Good: Comments are somewhat well supported. 7.5 pts Good: Writing is somewhat organized and unified, with some errors. 5 pts Fails to Meet Expectations: Comments make very few dear and accurate references to prompts/questions posed. 0 pts Fails to Meet Expectations: Comments show no thought. 0 pts Fails to Meet Expectations: Comments are not supported. 0 pts Fails to Meet Expectations:: Writing is not organized or unified; errors impair communication, 0 pts Pts 30 pts 15 pts 15 pts 15 pts 10 pts Total Points: 85