Contract States’I can’t engage in any restaurant related business within 50 min of sold establishment can I own and operate food truck or work for any food places without voiding contract

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Contract States’I can’t engage in any restaurant related business within 50 min of sold establishment can I own and operate food truck or work for any food places without voiding contract

I sold pizza shop 3 months ago but I
want to make living so can operate a
food truck or even work for food cendoe
without voiding contract

Asked on October 8, 2018 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the contract defines what is restaurant related, that definition controls: when a contract contains a definition, the law uses it. So if there is a definition of restaurant-related, refer to it. 
If there is no definition, if they sued you to enforce the contract against you, a court would have to decide what is "restaurant related." I suspect a food truck would be found to be restaurant related, especially since food trucks have become more upscale and are seen as legitimate substitutes for or alternatives to restaurants. You may have to relocate outside the 50-mile radius (or just drive at least 50 miles to work) to be sure you can operate in anything related to restaurants without being sued.


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