Marlene is an excellent hairdresser who owns her salon in Kelowna and has a large number of clients. After the birth of her third child she was too busy and therefore decided to sell her salon. Brenda offered to purchase the salon. Marlene and Brenda agree on a price. When Brenda presents a written contract for signing Marlene notices that it includes the following clause: "Marlene shall not offer hairdressing services or open any business related to hairdressing anywhere in Kelowna for a period 3 years." 1 year later Marlene's clients were begging her to cut their hair. Marlene decided to operate a salon again from her home. Brenda finds out from some of Marlene's former clients who have been coming to his salon but are not returning to Marlene. Brenda sues Marlene

1. What is the legal issue/question in this case (2 marks)

2. What is the legal test /rule of law that would be used by a court in deciding that legal issue? (1 mark)

3. an argument for Brenda (1 mark)

4. an argument for Marlene (1 mark)