United States Law/California Performance Tests/2014
Feb 2013 PT-A
[edit | edit source]Hospital v. Doc
[edit | edit source]- Objective Memo for Clients
- Find what the law is
- Read the LIBRARY first
File
[edit | edit source]Library
[edit | edit source]Key Issues
[edit | edit source]1. Consideration
[edit | edit source]2. CMS Protectable Interest
[edit | edit source]- Patient base and network of referral sources
3. Scope of the Restrictive Covenant
[edit | edit source]- Scope- Duration
- Scope- Geographic Restriction
- Scope- Activity Prevented: no exception for emergency and over broad
4. Public Policy
[edit | edit source]- per se unreasonable
- Undue hardship to the physician
- Availability of other physicians
- Patient Physician Choice: interferes with the patients' choice of doctors
Feb 2013 PT-B
[edit | edit source]There is an enforceable logging agreement
Confirmatory Memo Rule 1. Merchant 2. Memo is sent within a reasonable time after the oral agreement 3. Confirms the oral agreement 4. Memo is good against the sender
Signed Terms
5. Recipient receives the memo
6 Receipient has reason to know of its content
7. Recipient does not object within 10 days
Terms of agreement
1. Marking the tree
2. Cut the road
3. Temporary storage
4. Burn the slash
5. Obtaining environmental permits
6. Replanting
7. Price
Section 2-207 Damages