The answer is subtle why non competition agreements

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The answer is subtle … why?
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Non-competition agreements Basic notion—using contractual agreements to limit what another can do in the way of competition
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Non-competition agreements Practical import—can impact decisively how and where you, as a practicing veterinarian, can practice Sorting out competing policies—freedom to practice v. fairness E.g., think of specialist’s investment in training new people, and then consider how fair it is for those trainees to compete directly with the employer
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Black letter law “In most states these agreements will be enforced if they are reasonable as to time and territory” (JAVMA, June 1, 2001, page 1765)
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… for exam purposes … You do NOT need to know the details of the complex issues in the non-competition reading E.g., whether a non-compete clause survives a contract that has expired
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Possible exam question Why might courts be more likely to enforce a non-competition agreement when specialists are involved than when general practice is involved? What is the point of the question? Demonstrating that you grasp the general point of non-competition clauses
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JAVMA on “Negligence in restraint” Useful for reviewing concept of negligence Common legal definition of “negligence” Noun: “Failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.”
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Negligence generally Glossary definitions: Negligence: Failure to act with ordinary care, usually stated as a failure to act as a reasonable person of ordinary prudence would act in similar circumstances.
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Negligence generally Negligence per se: Negligence as a matter of law, either because a specific statute says that an act is automatically negligence, or because the act is so contrary to the dictates of common sense that the trier of fact can automatically assume that no person of ordinary care and prudence would have acted, or failed to act, in this way.
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Negligence generally Comparative negligence - Proportionate sharing between plaintiff and defendants of responsibility for an injury. There are several different standards applied, but generally the concept is that a plaintiff's recovery should be reduced by his or her proportionate share of the fault. Contributory negligence - Plaintiff's contributing negligence, which in traditional/common law cases could act as a bar to the plaintiff's right to recover. Most states have moved to some form of this. Comparative negligence - which reduces recovery proportionately rather than barring it altogether.
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Negligence and malpractice See the parallels to malpractice … Negligence = “Failure to act with ordinary care , usually stated as a failure to act as a reasonable person of ordinary prudence would act in similar circumstances.” Malpractice = “A VETERINARIAN MUST EXERCISE THE CARE AND DILIGENCE ORDINARILY EXERCISED BY SKILLED VETERINARIANS .”
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Negligence in restraint More definition—“Negligence is accidental
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