A surety can never assert fraud as a defense.
When a statute protects a certain class of people, a member of that class cannot enforce
an illegal contract.
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?