Capacity and Legality$-$But What If$...$

Berry worked as a programmer for the GPS device and phone application known as NewPlatform. He signed a covenant not to compete with NewPlatform. However, when he received an offer by Google to start an innovative GPS Google phone application, he left his job at NewPlatform. NewPlatform sued Berry for breaching his contract and the covenant not to compete. The court ruled in favor of NewPlatform.

But what if the facts of the case were different? Select each set of facts below that could change the outcome of the court's decision.

Check All That Apply

The covenant to not compete was created in the state of California.

The court found that Berry had signed the covenant not to compete in an adhesion contract. That is$,$ upon being hired, Berry was forced to either sign or be immediately fired from NewPlatform.

Lessthan one week passed during the time that Berry quit his job at NewPlatform and went to work for Google, and according to the covenant to not compete, employees of NewPlatform had to wait at least $6$ weeks before working for a potential competitor.

Rather than going to work on creating a GPS Application for Google, Berry was hired to be a programmer for Google's e$-$mail system.

$60$ of $62$

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