Why do the courts subject restrictive covenants in the employment context to greater scrutiny than those arising in the sale of a business?
A) because the clauses are typically ambiguous
B) because there is typically a power balance in employment situations
C) because such agreements offend human rights legislation
D) because such clauses violate the Competition Act

Question

Quizplus · Accepted Answer

Restrictive covenants in employment contexts are subject to greater scrutiny due to the inherent power imbalance between employers and employees, which can lead to unfair restrictions on the employee's future employment opportunities.

Why Do the Courts Subject Restrictive Covenants in the Employment