Morales, an oral surgeon in a rural area, wanted to open a second o ffi ce in
Question:
Morales, an oral surgeon in a rural area, wanted to open a second o ffi ce in a nearby town. She hired Ng, a recently graduated oral surgeon, to operate this new offi ce for three years. The contract of employment specifi ed that Ng would not, during the “three years, or forever thereafter,” practice dentistry within the rural area aside from working for Morales. After the three years had passed, Ng left the employ of Morales and opened his own practice of dentistry and oral surgery within the rural area. Morales brought suit, charging Ng with violating the restrictive covenant in their contract of employment.
a. May Ng argue that the restrictive covenant is void because it lasts for an unreasonably long period of time?
b. May Ng argue that the restrictive covenant is void because it covers an unreasonably large geographic area?
c. May Ng argue that the restrictive covenant is void because it applies to dentists, who are professionals?
Study each of the cases below. Answer the questions that follow by writing Yes or No i n the answer column.
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