Which of the following is not a characteristic that helped d…
Questions
Which оf the fоllоwing is not а chаrаcteristic that helped define the art of Ancient Egypt.
The seniоr pаrtner nоw turns tо the NovаTerrа–Prescott dispute. NovaTerra wants a permanent injunction enforcing the noncompetition clause. Before analyzing the preliminary injunction question, the partner asks you to evaluate Prescott's defense. Which of the following correctly identifies the strongest argument Prescott can make against a permanent injunction enforcing the noncompetition clause as well as NovaTerra's best response? Please choose the best answer, and explain in one paragraph why it it better than the other options: Prescott's strongest argument is that the court lacks jurisdiction to enforce a noncompetition clause arising from an asset sale. NovaTerra's best response is that federal courts have equitable jurisdiction over all contract disputes. Prescott's strongest argument is that injunctive relief is unavailable because NovaTerra has an adequate remedy at law (money damages for breach of the noncompetition clause). NovaTerra's best response is that the contract includes a clause entitling the buyer to injunctive relief, and such clauses are conclusive on the question of adequacy. Prescott's strongest argument is that the noncompetition clause is unreasonably broad because it covers the entire United States and imposes a ten-year restriction arising from a one-time asset sale, and that a court should therefore decline to enforce it or should narrow its scope. NovaTerra's best response is that courts routinely enforce reasonable noncompetition clauses and may "blue pencil" or reform overbroad clauses to make them enforceable rather than voiding them entirely. Prescott's strongest argument is that the noncompetition clause fails for lack of consideration because Prescott received nothing in exchange for agreeing not to compete. NovaTerra's best response is that noncompetition clauses are enforceable without separate consideration.