Philippine Bar review · Question

Practice question: Post-employment Restrictions; Elements of Validity

Multiple Choice Hard

Practice question

A trading group employs a worker only to purchase one agricultural product. Its covenant later bars her from every business similar to any of the group’s numerous unrelated enterprises. The group claims that a one-year duration conclusively makes the clause valid. Which is best?
  1. One year validates any trade restriction
  2. A diversified employer can restrain every occupation
  3. The employee must prove that all contracts are void
  4. Duration alone does not settle validity; the restraint may be excessive because it reaches business activities unrelated to her limited work
  5. A geographic limit automatically cures every excessive trade scope

Legal references

  • Tiu v.Platinum Plans, discussion of G.Martini: https://lawphil.net/judjuris/juri2007/feb2007/gr_163512_2007.html

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