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BREACH OF CONTRACT CASE STUDY

Bladeemer Olpot, RN,ICN

MAN 102 Nursing Law and Jurisprudence

Dr. Fatima Carsola

May 23, 2023

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BREACH OF CONTRACT

This is a reaction paper regarding a non-compete agreement if it is valid to be

included in contract of an employee-employer. Was the judgment of court legal and

executory?

BACKGROUND

In this case, an employee had signed a non-compete agreement with their employer,

prohibiting them working for a competitor for a given period of time. However, the employee

began working for a competitor before the end of the agreement's term. The employer sued

the employee for breach of contract, and the court ruled in favor of the employer, awarding

damages for lost profits and other expenses.

TOPIC OF DISCUSSION

Should a non-compete agreement legal and valid to hold an employee to work for a

competitor? In some countries, such agreement is legal and honoured by their respective

government. A contract is a binding agreement between two parties with mutual

understanding. Given that contract was executed and such non-compete agreement/clause

was stipulated in contract, such shall also be honoured. This is to protect as well the employer

for its trade secrets, reduce labor turnover and improve employer leverage in future

negotiations with workers.

CONCLUSION

The resolution made by court is valid and legal as it only honour the stipulation

included on contracts. Moreso, possible losses of company was then awarded as this put the

company to loss some of its trade secrets, inline projects and improvements. This can also

exposed the company in possible unwanted position that may lead to a big loss for company.
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