Contracts

Question 1

consequential damages

Answer 1

damages arising out of the breach that were reasonably foreseeable at the time of the K that the breaching party should have known were reasonably foreseeable as a result of the breach.

Question 2

non compete clause

Answer 2

Enforceable to a limited degree. the court will closely scrutinize the non compete clause and enforce the clause only if:

(i) the non compete clause protects a legitimate business interest,
(ii) it is no more restrictive to protect that interest,
(iii) sufficiently limited in scope/duration

after showing unique circumstances, the court will not enforce non compete clauses for more than two years.

In FL, presumption that non compete clauses for a duration of less than 6 months are reasonable and non compete clauses more than 3 years are not enforceable.