Nike sued three of its former employees for more than $10 mi…

Nike sued three of its former employees for more than $10 million for breach of their non-competition agreements after the employees, who designed shoes and athletic apparel, began employment with rival Adidas. In an overwhelming majority of states, which of the following is true regarding these non-competition agreements?

Pat is pledging at the Delta Upsilon Delta (DUD) fraternity…

Pat is pledging at the Delta Upsilon Delta (DUD) fraternity in order to become a member. As part of his initiation, he must eat a piece of cheese that is on a set mousetrap. He tries, but the trap slams shut on his nose, injuring him. Pat files a products liability suit against the hardware store that sold the mousetrap to the fraternity members. Which of the following, if true, would allow the hardware store to avoid liability?

Peng rents a music hall from Antoine. After the contract is…

Peng rents a music hall from Antoine. After the contract is made, the premium payable by Peng for liability insurance increases tenfold because of a large number of theatre fires in the region over the last year. These fires were unforeseeable. As a result, if Peng is to permit use of the premises by the public, he must pay a huge insurance premium that will exceed the earning he will make from renting the hall. Peng’s best argument to avoid the contract is:

Jenny’s mother had established and built up a casino. Jenny…

Jenny’s mother had established and built up a casino. Jenny had never been involved in the business. When the mother died and left the casino to her, she had to keep this large complex enterprise running. Because she had no clue about casino management, she turned to her mother’s longtime bookkeeper and trusted advisor, Sel “The Skimmer” Short, for assistance in running the casino. Sel persuaded Jenny to sell him a large amount of stock at a bargain price.

Fai is going on a “survival” hike in the desert. He goes to…

Fai is going on a “survival” hike in the desert. He goes to a sporting goods store, describes the hike, and asks the salesman to select suitable hiking boots for him. The boots the salesman suggests are well made and are appropriate for normal hiking but are not suitable for Fai’s planned ordeal. Relying on the salesman’s selection, Fai buys the boots. After he suffers personal injury because the boots prove inadequate for the survival hike, Fai sues the store. Fai can recover under:

Jack and Jill were discussing business over lunch when they…

Jack and Jill were discussing business over lunch when they agreed on the sale of an empty lot. Because neither of them had any paper with them, Jack wrote the following on a napkin: “Jill agrees to purchase from Jack, the lot located at 1643 Chippewa Way, Mt. Pleasant, MI 48858 for the price of $50,000.” Jill signed the napkin, although Jack did not sign it. Later, Jill refuses to pay for the land. If Jack sues Jill for specific performance of the contract, the most likely result is:

Ava sued Neil alleging breach of contract. According to Ava,…

Ava sued Neil alleging breach of contract. According to Ava, Neil breached a contract he entered into with her before their marriage concerning his support of her and their division of property in the event of a divorce. Neil will most likely win this lawsuit if he can show that:

Sally is a student at the University of Maryland, College Pa…

Sally is a student at the University of Maryland, College Park. She lives on campus and one of the street lights near her front door is out. The lack of light at night makes it difficult to see walking up the steps to her residence. Sally is also worried about the danger of potential criminals lurking by the door. She has contacted the university several times and they have promised to fix the light, but no one has done so. After several weeks, Sally hires a private contractor who fixes the light. She pays him $500. If the school refuses to reimburse her and forces her to sue:

Manny promises his colleagues that he will stop smoking ciga…

Manny promises his colleagues that he will stop smoking cigars in the office if they promise to pay him $1000. His colleagues agree to pay the $1000 if he stops. Assume that there is no law that bans smoking cigars in the workplace. Manny quits smoking cigars, but his coworkers refuse to pay. Manny’s best argument is: