'Should I Stay or Should I Go?' - Covenants Not to Compete in a Down Economy: A Proposal for Better Advocacy and Better Judicial Opinions
University of Washington - School of Law
November 22, 2009
Hastings Business Law Journal, Vol. 6, No. 83, 2010
This article critiques the use of the contract consideration doctrine to differentiate between employee covenants not to compete that are reasonable and should be enforced and that that are not. The focus is on the particular difficulties created when the nominal consideration for a covenant is the offer of or continuation of an employment at-will. The article is designed for advocates and for judges. It provides an overview of relevant theoretical literature and a detailed critique of several cases. It should interest those concerned with the protection of intellectual property by contract and those interested in legal rhetoric.
Number of Pages in PDF File: 62
Keywords: contracts, consideration, employment at will, covenants not to compete, rhetoric, law and economics
JEL Classification: K12, K41Accepted Paper Series
Date posted: October 5, 2010
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