Question
1. Read the case https://scholar.google.com/scholar_case?case=11620416725733406832&q Carefully explain each of the statements there in: The non-compete agreement provided in relevant part: For good consideration and as
1. Read the case https://scholar.google.com/scholar_case?case=11620416725733406832&q
Carefully explain each of the statements there in:
The non-compete agreement provided in relevant part: For good consideration and as an inducement for Access Organics (the Company) to employ Andy Hernandez, the undersigned Employee hereby agrees not to directly or indirectly compete with the business of the Company and it successors and assigns during the period of employment and for a period of two years following termination of employment. The District Court granted the temporary restraining order, which stated: "Defendants are restrained from owning, operating, and managing any business engaged in the same business as Access Organics, Inc. Access Organics contends that Hernandez's salary and continued employment supplied sufficient consideration. Section 28-2-801, MCA, provides that "[a]ny benefit conferred or agreed to be conferred upon the promisor by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered or agreed to be suffered by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor is a good consideration for a promise." Consideration exists if the employee enters into the non-compete agreement at the time of hiring. During pre-employment negotiations, the employee and the employer engage in a bargained-for exchange: the employer obtains the desired non-compete agreement, and in return, the employee receives employment. However, Hernandez signed the agreement more than four months after accepting his initial employment offer from Access Organics. The record clearly shows that the agreement was not signed as part of Access Organics' pre-employment negotiations with Hernandez Explain who won the case and why
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