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MBE Prep Guide Sample Test Question:

Contracts Law

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Multi-State Bar Exam GuieMulti-State Bar Exam Guide-volume I- Torts, Contracts and Criminal Law

ANSWER: The best answer is (b). Generally speaking, a covenant not to compete is enforceable if it is reasonable in the scope, time, and geographic are covered. In Ticor Title v. Cohen, the Second Circuit explained that, where a person provides a unique service, courts are more likely to find an agreement to be reasonable. Therefore, even if Francesca is of similar caliber, the restriction on Polly appearing in a competing opera is probably enforceable. Answer (a) is not the best choice. The fact that Polly is not the only possible performer who can play the role is not relevant. What is relevant is that she has special skills that make her desirable. Demetrius wanted Polly to play the role, not Francesca. As a result, he will be able to prevent Polly from appearing in another opera during the time she originally agreed to appear in La Boheme. Answer (c) is incorrect. The respective caliber of the operas is not relevant to whether the agreement may be enforced against Polly. Answer (d) is not the best choice. One of the factors that courts will look at in determining whether a restriction is reasonable is the geographic scope. However, the mere fact that the shows are in different cities is not enough to render the agreement enforceable. The agreement forbids Polly from appearing in a "competing" performance. The second show may compete with the first if they are in neighboring cities. Therefore, (b) is a better answer than (d).Parker. The best choice will be the one that addresses the 2004 law.

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