Which of the following factors will NOT be relevant to a court's determination of whether a contractual provision which places restraints on the ability of an employee to open up a rival business to that of the employer is valid?
A) Whether the restraint is against the interests of the public
B) That the restraint clause is necessary to protect the business
C) Whether the employee has received independent legal advice prior to agreeing to the restriction
D) Whether the restrictions on time etc. are no greater than are needed to protect the business
E) All of the above are relevant considerations.
Correct Answer:
Verified
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