Jacksonwas anoral surgeon for 25 years and was looking for new associate so hiredThomas. The contract had a restrictive covenant for non-competition within 5 miles for 3 years.Thomasleaves practice after 17 months. Within 6 months of leavingThomasopened own office in breach of a non-competition clause in the employment contract (3.7 miles away).Jacksonbrings an action for damages for breaching non-competition clause.

Question:Let's say that you are the judge of the case, would you consider therestrictive covenant reasonable and thus enforceable, or not?Was the non-competition clause the most appropriaterestrictive covenantfor this case?