Question $29$

$2pts$

Barb has been a children's day care provider for several years in the small town of Sallton. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Ken, agreeing not to open a competing business within five miles of Sallton for a period of nine months. After five months of the big city life, Barb is broke and moves back to Sallton. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result?

Barb wins. The agreement is not enforceable because it is not ancillary to a legitimate bargain.

Ken wins. The agreement is enforceable.

Barb wins. The agreement is not reasonable as to time.

Barb wins. The agreement is denying her the right to do the only thing she knows how to do$.$