Assignment Task:
Rasa persaud, a professional engineer, was an estimator with foundation consulting engineers in the borough of alandale. Her job was to predict the cost of certain construction projects, which involved calculating the cost of supplies such as steel and concrete, as well as the cost of labour.
Her work meant she learned how to complete the estimate, and which were the best source of supply for various type of materials. Persaud worked exclusively in the firm's offices and had no direct contact with the suppliers or clients. Her employment contracts stated that for a period of five years after she left the firm she would not "engage in the professional practice of an engineer either aline or in association with, or as an employee of any person whitin Alandale. Or two miles thereof"
Alandale has a mix of industrial parks and residential areas, and is part of the largest metropolitan area in the province. There were two other firms of engineering consultants in the borough and 100 more in the whole metropolitan area.
Persaud decide to open her own business as a professional engineer , specializing in estimating. Her firm would based incalandale. Accordingly , she advised her former employer that she did not view the restrictive clause i her contract as being enforceable. Foundation consulting engineers sued persuad to obtain a court order to stop her from breaking the contract.
a) Does the law initially presume that the restrictive clause in persaud's contract is valid?
b) What factors must the employer prove to have the restrictive term upheld?
c) What case discussed in the text could persaud rely on to support her position?