How to enforce a non-compete?
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How to enforce a non-compete?
I am in the landscaping, lawn care and snowplowing business. During the winter last year, I sold the snowplowing portion customer list, no hard assetts to a competitor with a 3 year
Asked on July 5, 2017 under Business Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A non-compete agreement is a type of contract. Accordingly, as with any other contract, it can be enforced by filing a civil suit. Specifically, it would be for "breach of contract". So long as you can offer proof to a judge that the other company's conduct violated the terms of the your agreement, you can get sue for a court order barring them from this conduct and/or for monetary compensation for your damages (i.e. the amount that their conduct cost you).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A non-compettion agreement is a contract. It is therefore enforced the same way any contract is enforced: with a lawsuit for "breach of contract." If you can prove in court that the other company's conduct violated the terms of the non-competiton agreement, you can get one or both of: 1) monetary compensation, in an amount related to what you can demonstrate their conduct cost you; 2) a court order barring them from this conduct.
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