Business law class in US law
In Case A, Discuss whether the Covenenat Not to Compete is enforceable or not. In case B, Discuss whether the Exculpatory Clause is enforceable or not. Be sure to give reasons for your conclusions. A. Covenants Not to Compete Case: Plaintiff, a dentist with an established practice, employed defendant (recently graduated from dental school) in his dental center as a dentist. Defendant signed an employment agreement which contained a non-competition clause which prohibited defendant from practicing dentistry within a 25-mile radius for one year upon leaving Plaintiffs employment. Defendant worked for Plaintiff for 1 year then left to practice with a competing dentist in the same town. Plaintiff brought an action to enforce the non- competition clause and requested injunctive relief which would prevent defendant from practicing dentistry in the town for a year and damages for breach of contract. Discuss whether you think the covenant is enforceable or not. Who do you think should win this case and why? Be sure to include in your discussion the requirements necessary for these types of covenants to be enforceable and give reasons for your conclusions. B. Exculpatory Clauses: During a Nationwide Series Race at Daytona International Speedway a crash occurred on the final lap sending debris from the crash into the stands, injuring 28 fans. The debris including a burning engine wedged in a hole in the safety fence, engine parts, a tire, and various other pieces of metal and plastic. Fourteen fans had minor injuries and were treated at the Speedway, recover. As with most sporting events, concerts, etc. the back of the ticket contained an exculpatory clause that stated: The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during and subsequent to the actual event and agrees that all participants, sanctioning bodies, and all employees, agents, officers and directors of the Daytona International Speedway are hereby released from any and all laims arising from the event, including claims of negligence. Several of the injured fans have brought a lawsuit against NASCAR and the Daytona Speedway. Discuss whether you think the exculpatory clause will be enforced or not? the injured fans be successful in their lawsuit or not? Be sure to give reasons for you conclusions. but the other 14 were taken to local hospitals, including two in critical condition with life threatening injuries. Those two did will