Lyons V Multari Was a Case in Which an Oral Surgeon

Lyons v. Multari was a case in which an oral surgeon and his new associate signed a short, handwritten contract containing a non-competition clause, in which the associate agreed not to compete for three years within a five-mile area. He breached the agreement and was sued. What did the Court determine?

A) It is only appropriate to enforce a non-competition clause if the agreement is in standard form.
B) It is not appropriate to enforce a non-competition clause under any circumstances.
C) It is not appropriate to enforce a non-competition clause if a non-solicitation clause would do.
D) It is always appropriate to enforce a non-competition clause, as long as the parties have clearly agreed to the provision.
E) It is only appropriate to enforce a non-competition clause if the parties have had independent legal advice.

Correct Answer:

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