An assignment of rights in real estate often cannot be prohibited.
In order to truly understand our legal system, it is important to understand the origins of
the common law tradition.
The contract term “delivery ex-ship” means that the risk of loss does not pass to the
buyer until the goods are properly unloaded from the ship or other carrier.
Best Products, Inc., hires Cole to develop and implement an e-commerce strategy for
marketing Best’s products. Cole signs a contract that includes a clause prohibiting him
from competing with Best during and after the employment. Before the strategy is
implemented, Cole resigns from Best’s employ and opens a business to compete with
Best. In Best’s suit against Cole, what is the most important factor the court should
consider in determining whether Cole should be allowed to compete with Best?