business law

find the issue, rule of law, final decision,analysis, arguments, facts of the following questions

Case 4 Cloutier returned to Timmins and purchased a hotel only a block away from the one he had sold to Meunier four years earlier. In doing so he violated a non-competition clause prohibiting Cloutier from participating in the hotel business in Timmins for five years following the sale to Meunier. The original contract required him to pay $50,000 for such a breach as liquidated damages and Meunier brought this action to recover that amount. Assume that the plaintiff Meunier has not provided any evidence of economic loss. What factors will the court consider in light of Cloutier's argument that the clause was a penalty and should not be enforced? When is a non-competition clause unenforceable? Case 5 Duke, a pharmacist, operated a successful pharmacy in Saskatchewan for 20 years. Doctor Puts developed a suspicion about Duke's association with a physician in another town. Puts accused Duke of conspiring with that physician to cheat the healthcare system by claiming for false prescriptions and double billing. In a letter of complaint sent to the College of Physicians and Surgeons of Saskatchewan, Puts alleged professional misconduct against Duke. He told other people that Duke was a crook. These accusations greatly harmed the pharmacist's reputation and business and caused him to sell his business at a reduced price Assuming all the allegations were false, what tort actions could Duke bring against Dr Puts. What defenses if any, could the defendant assert