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Sagot :
Answer:
1. Is the clause in this case commonly known as a non-compete clause?
- Yes, this is a non-compete clause. Hughes's contract prohibited him from working for a competitor for one year after leaving Medtronic, and St. Jude is a competitor with Medtronic.
2. Hughes sought a position as a sales director for St. Jude. St. Jude told Hughes that his contract with Medtronic was unenforceable and offered him a job. Hughes accepted. Medtronic filed a suit, alleging wrongful interference. What are the elements of the tort of wrongful interference with a contractual relationship?
All the options given (A, B and C) are the same.
The three elements are for determining wrongful interference are:
- A valid, enforceable contract must exist between two parties.
- A third party must know that this contract exists.
- The third party must intentionally induce a party to breach the contract.
3. Medtronic is suing for wrongful interference with a AN EMPLOYEE.
4. Who are the parties to the initial contract?
- Medtronic and Hughes.
5. ST. JUDE is the third party who knew about the contract.
6. St. Jude learned about the contract and non-compete clause between Hughes and Medtronic from HUGHES.
7. It is TRUE that St. Jude intentionally induced Hughes to breach his contract with Medtronic.
8. St. Jude OFFERED HUGHES A BEW JOB WITH A BETTER SALARY before he left Medtronic.
9. What did St. Jude represent regarding the noncompete clause?
- That it was unenforceable
10. Was the noncompete clause enforceable?
- Yes
11. Did it matter if the clause was unenforceable?
- No
12. Based on these facts, does it appear that St. Jude intentionally induced Hughes to break his contract with Medtronic?
- Yes, that is why we call it wrongful interference.
13. Is Hughes liable for intentional interference with a contract?
- No
14. Why?
- because he was a party in the original contract.
15. Hughes is NOT to be held liable for breach of contract.
16. What if the effects were different?
- If Hughes had been informed that the noncompete clause was valid, then it wouldn't be wrongful interference.
17. If HUGHES HAD QUITTED MEDTRONIC BEFORE GOING TO SEEK ANOTHER JOB TO ST. JUDE IT it would be another factor the courts would consider.
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