Frank operates a flower shop. He agrees to sell the business to his brother George for $ 45,000. They both use their own solicitors to negotiate the terms of a formal written contract for sale which they both sign and have witnessed. The agreement contains a restriction that Frank cannot open another flower shop or solicit customers of the business for 2 years and within 2 kilometres of the flower shop. Unfortunately, after six months Frank opens another flower shop one kilometre away. George wants to bring legal action for breach of contract. Frank alleges their agreement was not intended to be legally binding as they are brothers. Please advise George