View Full Version : What name of business clause is this
kaylaplamondon
Mar 5, 2007, 07:04 PM
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?
excon
Mar 5, 2007, 07:14 PM
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.
excon
Fr_Chuck
Mar 5, 2007, 07:30 PM
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.