Question: Question 9 ( 1 point ) SavedABC Co . is a woodworking company solely owned by Adam Billingly, and Complete Renos Ltd . is a
Question pointSavedABC Co is a woodworking company solely owned by Adam Billingly, and Complete Renos Ltd is a homerenovation company solely owned by David Johns. Both are located in London, Ontario. Adam and Johnhave been negotiating the sale of ABC Co to Complete Renos for some time. David wants ABC Co and itsowner, Adam, to include a non competition clause in the contract. Adam has said he isn't interested instarting another business as his wife wants to move closer to their grandchildren in Ottawa. ABC Co thenpresents a written contract to Complete Renos for the sale of ABC CoDavid reviews the contract and notes that it does not include a non competition clause, but he signs thecontract anyway, trusting that Adam is going to move to Ottawa and will not compete. Shortly after the,contract was signed, David sees advertisements for a competing company, and the owner is listed as AdamBillingly. When David contacts Adam he learns that Adam's wife didn't want to move to Ottawa and Adamwas bored so he started a new business. David insists that Adam close his new business, Adam refuses.What can David doOComplete Renos can terminate the contract as Adam has breached a condition of the contract.David is stuck with the contract as written because the parol evidence rule would prevent anyevidence being introduced of the conversations about the non competition discussion.lfthe case went to trial, David could prove that the noncompetition clause was part of the contractusing the conversations that took place during the negotiations.OIf the case went to trial the judge would side with David as he would think Adam is behaving badly.
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