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Aldo Fettucine owns a successful restaurant in Port Coquitlam called Aldo's Little Italy which serves delicious Italian dishes.Aldo's Little Italy is famous throughout the Tri-Cities

Aldo Fettucine owns a successful restaurant in Port Coquitlam called "Aldo's Little Italy" which serves delicious Italian dishes.Aldo's Little Italy is famous throughout the Tri-Cities region and attracts regular customers from Mission to Port Moody and all points in between. Manny Cotty is a wealthy businessman who loves Italian food and is interested in acquiring Aldo's restaurant business for a purchase price of $1,350,000, an offer that both Also and Manny think is a fair price. Before the negotiating process is finalized, Manny shows you a copy of the proposed sale and purchase contract. Clause 18 of the proposed contract provides that:

"Mr. Fettucine shall not carry on any restaurant business and shall not engage in the manufacture of Italian food products in any part of British Columbia for a period of fifteen (15) years."

Manny wants to ensure that the restrictions contained in the clause of the contract are reasonable and enforceable against Mr. Fettucine. Discuss the legal issues involved and whether you think the courts will uphold the restrictions.

In your answer:

  1. identify the issue;
  2. discuss the relevant legal principles;
  3. relate the legal principles to the facts of the situation; and
  4. provide a conclusion.

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