Reference no: EM132166580
1. Nue Yorka signs a covenant not to compete with, Jimmy John's, her emplyer. A court rules that the covenant is overly restrictive. The court will likely
a. enforce it as written so as not to undercut the freedom of contract.
b. refuse to enforce it unless Jimmy John's pays additional consideration.
c. enforce it but evaluate its effects over time.
d. reform its terms to prevent any undue burden.
2. Lebron James contracts with Ed Sheeran to have Sheeran sing at his birthday party. The requirements of this, and any other, contract do not include
a. consideration.
b. legality.
c. capacity.
d. practicality.
3. Which of the following is true in case of inspections?
In Marshall v. Barlow's, Inc., the court held that private individuals cannot refuse police demands to search the premises unless a court has issued a search warrant
OSHA does not specify whether inspectors are required to obtain search warrants which are required under the Fourth Amendment in criminal cases.
Where a business is closely regulated, surprise inspections are a norm, and a warrant is required.
Agents of the Secretary of Labor are allowed to search the work area of any employment facility within OSHA's jurisdiction but a search warrant is expressly required under the Act to do so.
In the case of the Dow Chemical facility being inspected by the EPA, the Supreme Court ruled that the areas photographed by the EPA were open areas and hence subject to the protections of the Fourth Amendment.