1. Read the case Access Organics v Hernandez (Links to an external site.)
2. Watch the youtube video on past consideration (Links to an external site.)
3. Click on the pdf file and carefully explain in your own words each of the statements therein:
Read Access Organics v Hernandez
The explain the following statements in your answer:
(repeat and number each of the statements followed by your response)
• The non-compete agreement provided in relevant part: For good
consideration and as an inducement for Access Organics (the Company) to employ
Andy Hernandez, the undersigned Employee hereby agrees not to directly or
indirectly compete with the business of the Company and it successors and assigns
during the period of employment and for a period of two years following termination
of employment.
• The District Court granted the temporary restraining order, which stated:
“Defendants are restrained from owning, operating, and managing any
business engaged in the same business as Access Organics, Inc.
• Access Organics contends that Hernandez’s salary and continued employment
supplied sufficient consideration. Section 28-2-801, MCA, provides that
“[a]ny benefit conferred or agreed to be conferred upon the promisor by any
other person, to which the promisor is not lawfully entitled, or any prejudice
suffered or agreed to be suffered by such person, other than such as
he is at the time of consent lawfully bound to suffer, as an inducement to the promisor
is a good consideration for a promise.”
• Consideration exists if the employee enters into the non-compete agreement at
the time of hiring. During pre-employment negotiations, the employee and the
employer engage in a bargained-for exchange: the employer obtains the desired
non-compete agreement, and in return, the employee receives employment.
• However, Hernandez signed the agreement more than four months after
accepting his initial employment offer from Access Organics. The record clearly
shows that the agreement was not signed as part of Access Organics’ pre-employment
negotiations with Hernandez
• Explain who won the case and why
Post your work in your assignment box. Note, you must number all of the statements you are being asked to put in your own words, including who won and why; and, put the statements in your own words, not just copy and paste; points will be deducted for extensive use of quotes and failure to follow these instructions. Work in the assignment box. It is important to note that you must number all of the statements you are required to write in your own words, including who won and why. You must also write in your own terms, not just copy and paste.
