Read the case Access Organics v Hernandez

1. Learn the case Entry Organics v Hernandez (Hyperlinks to an exterior website.) 2. Watch the youtube video on previous consideration (Hyperlinks to an exterior website.) three. Click on on the pdf file and punctiliously clarify in your personal phrases every of the statements therein: Learn Entry Organics v Hernandez The clarify the next statements in your reply: (repeat and quantity every of the statements adopted by your response) • The non-compete settlement supplied in related half: For good consideration and as an inducement for Entry Organics (the Firm) to make use of Andy Hernandez, the undersigned Worker hereby agrees to not straight or not directly compete with the enterprise of the Firm and it successors and assigns in the course of the interval of employment and for a interval of two years following termination of employment. • The District Courtroom granted the momentary restraining order, which acknowledged: "Defendants are restrained from proudly owning, working, and managing any enterprise engaged in the identical enterprise as Entry Organics, Inc. • Entry Organics contends that Hernandez's wage and continued employment provided adequate consideration. Part 28-2-801, MCA, gives that "[a]ny profit conferred or agreed to be conferred upon the promisor by any different individual, to which the promisor is just not lawfully entitled, or any prejudice suffered or agreed to be suffered by such individual, aside from similar to he's on the time of consent lawfully certain to endure, as an inducement to the promisor is an efficient consideration for a promise." • Consideration exists if the worker enters into the non-compete settlement at the time of hiring. Throughout pre-employment negotiations, the worker and the employer interact in a bargained-for trade: the employer obtains the specified non-compete settlement, and in return, the worker receives employment. • Nonetheless, Hernandez signed the settlement greater than 4 months after accepting his preliminary employment provide from Entry Organics. The report clearly reveals that the settlement was not signed as a part of Entry Organics' pre-employment negotiations with Hernandez • Clarify who received the case and why Submit your work in your task field. Observe, you could quantity all the statements you might be being requested to place in your personal phrases, together with who received and why; and, put the statements in your personal phrases, not simply copy and paste; factors will likely be deducted for intensive use of quotes and failure to comply with these directions. Work within the task field. You will need to notice that you could quantity all the statements you might be required to put in writing in your personal phrases, together with who received and why. You will need to additionally write in your personal phrases, not simply copy and paste.
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