Case Study Of Kelly Morrison: Breach Of The Non Compete Clause

I.QUESTION PRESENTED Can The Carson Dance Studio sue Kelly Morrison for a breach of the non compete clause in her employment contract? Can The Carson Dance Studio claim that Kelly Morrison misappropriated trade secrets?

II.BRIEF ANSWER No. Because it is tellable that Kelly Morrison could not violate non compete clause, when many aspects like good will, time restriction are looked. No. Because it is sayable that Kelly Morrison did not misappropriated trade secrets when evaluating what she said. She has never used the Carson Dance method to teach dance or share secret with anyone.

III.FACTS Kelly Morrison who lives in Bismark, Burleigh Country, North Dakota is a dance instructor.

Because, statute providing that every contract by which anyone is restrained from exercising lawful profession, trade, or business of any kind is to that extent void, protects person's ability to negotiate and contract for future employment while under contract which attempts to prohibit such conduct. N.D.C.C / 9-08-06.Spectrum Emergency Care, Inc v. St. Joseph's Hosp. And Health Center, 1992 N.W.2d 848. In the case of Spectrum Emergency Care, Inc. v. St. Joseph's Hosp. and Health Center, emergency room physician supplier sued physicians whom it formerly employed and hospital which hired them, alleging that this hiring violated restrictive covenants of with hospital and physicians. Spectrum claims that the Hospital, Cusic, and Swenson breached their agreements. According to the decision of court, section 9-08-06 of N.D.C.C makes void the provisions which attempts to prohibit the physicians from being employed by the Hospital at the end of the contract period with Spectrum. This rule protects a person's ability to negotiate and contract for future employment while under a contract which attempts to prohibit such conduct. In another case, the case of Geiss v. Northern Insurance Agency explain that any contract in restraint of profession trade, or business of one of the parties, except as provided by statute, is void. In Kelly Morrison's case, non compete clause restrict Kelly Morrison. Non compete clause that prevented her from teaching dance anywhere in North Dakota for two years after leaving the Carson Dance Studio. However, she does not constitute commercial activities. She started taeching dance from her home. She has 2 children and she has many responsibilities. She did not start working anywhere like another dance studio. She never advertised about teaching dance, three students came individually. Unlike these circumstances,