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Home > Law > Other Law   »   what name of business clause is this

 
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Old Mar 5, 2007, 05:04 PM
kaylaplamondon
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what name of business clause is this

what is the name of a clause that you agree to when you sell a practice to another and you are unable to do this practice again in the same province for 7 years? What are the rules of this particular clause?

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Old Mar 5, 2007, 05:14 PM   #2  
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Hello kay:

In the US, we call it a non compete agreement. However here, a 7 year prohibition would be found to be restraint of trade, and wouldn't be upheld. You can set your own conditions as long as they're fair. I would guess the law is the same in your province.

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Old Mar 5, 2007, 05:30 PM   #3  
Fr_Chuck
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I wlll agree, here it is a non-compete agreement.

but often at least in the US most agreements get over turned on various reason when taken to court. If and when doing one, ( from either side buyer or seller) you should each discuss this in detail with an attorney to see what the court rulings in our area have been.
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