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Reply-To: "Kevin Aylward"
From: "Kevin Aylward"
References: <3DE526FA.7010908@BOGUS.earthlink.net> <firstname.lastname@example.org> <email@example.com>
Subject: Re: Who owns your mind?
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Date: Fri, 29 Nov 2002 06:57:09 -0000
NNTP-Posting-Date: Fri, 29 Nov 2002 06:57:14 GMT
Michael Painter wrote:
> "John Woodgate" wrote in message
>> I read in sci.electronics.design that Mike wrote
>> (in ) about 'Who owns
>> your mind?', on Thu, 28 Nov 2002:
>>> Our attorney assured us they
>>> were all wrong: you are free to sign a contract in which you
>>> promise not to work as an engineer. There's nothing illegal about
>> Making the contract itself is not illegal; it is illegal to *enforce*
>> it. It's just like the Merchant's 'pound of flesh' - enforcement of
>> such an unreasonable contract was probably illegal even in mediaeval
> If a contract is legal then there is nothing illegal in taking action
> to enforce it.
> Almost every sale of a business will include a covenant not to
> compete and it is usually easy to win, especially if good will is
> involved. The "promising not to work as an engineer" seems nebulous
> but if it required a promise not to work as an engineer in a
> particular endeavor it might well be valid.
Very unlikely, even when restrictions are allowed, there can not be
overly broad. This is well established in law.
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