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A, a manufacturer of guns and ammunition, sold his business to B company for a huge sum in consideration. A, agreed with the buyer company that (i) he would not carry on the same business for 25 years, and (i) he would not engage in any being business competing or liable to compete in any way with the business for the time being caried by the company. Decide the validity of the agreement entered between A, the seller of goodwill and B company, the buyer of goodwill?
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A, a manufacturer of guns and ammunition, sold his business to B compa...
The agreement b/w A and B is void because restriction of not to put any business competing to it is only for reasonable time but here it is 25 years which is not reasonable time and hence it is void.
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A, a manufacturer of guns and ammunition, sold his business to B compa...
Validity of the Agreement between A and B Company
There are two aspects of the agreement between A, the seller of goodwill, and B Company, the buyer of goodwill, that need to be examined for their validity. These aspects are:

1. Non-Compete Clause: A has agreed not to carry on the same business for 25 years.
2. Non-Competition Clause: A has agreed not to engage in any business competing or liable to compete with the business currently carried by B Company.

Validity of the Non-Compete Clause
The non-compete clause in the agreement restricts A from carrying on the same business for a period of 25 years. The validity of such a clause depends on the reasonableness of the restriction in terms of time, geographical area, and the nature of the business.

1. Reasonableness of Time: While a 25-year restriction may seem excessive, it could be justified if A has specialized knowledge or trade secrets that would give B Company a competitive advantage for a significant period of time. However, the reasonableness of the time restriction would ultimately depend on the specific circumstances of the business and industry.

2. Reasonableness of Geographical Area: The agreement does not mention any geographical limitations. A non-compete clause is more likely to be enforceable if it is limited to a specific geographic area where B Company's business operates. Without such a limitation, the clause may be considered overly broad and therefore unenforceable.

3. Nature of the Business: The agreement does not provide specific details about the nature of the business. However, if A's business involves proprietary technology, confidential information, or unique expertise, the non-compete clause may be more likely to be considered valid.

Validity of the Non-Competition Clause
The non-competition clause in the agreement restricts A from engaging in any business competing or liable to compete with the business currently carried by B Company. The validity of such a clause would depend on the reasonableness of the restriction in terms of its scope and duration.

1. Scope of the Restriction: The agreement does not define the scope of the restriction, making it difficult to evaluate its reasonableness. If the restriction is overly broad and prevents A from engaging in any business that could potentially compete with B Company, it may be considered unenforceable. However, if the restriction is limited to businesses that directly compete with B Company's products or services, it may be more likely to be considered valid.

2. Duration of the Restriction: The agreement does not specify the duration of the non-competition clause. Generally, non-competition clauses are considered valid if they are limited to a reasonable duration. The reasonableness of the duration would depend on the specific circumstances of the business and industry.

Conclusion
The validity of the agreement between A, the seller of goodwill, and B Company, the buyer of goodwill, would depend on the reasonableness of the restrictions imposed by the non-compete and non-competition clauses. Without more specific details about the business, industry, and geographic limitations, it is difficult to definitively determine the validity of the agreement. It is recommended that A and B Company consult legal counsel to ensure that the agreement complies with applicable laws and is enforceable.
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A, a manufacturer of guns and ammunition, sold his business to B company for a huge sum in consideration. A, agreed with the buyer company that (i) he would not carry on the same business for 25 years, and (i) he would not engage in any being business competing or liable to compete in any way with the business for the time being caried by the company. Decide the validity of the agreement entered between A, the seller of goodwill and B company, the buyer of goodwill?
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A, a manufacturer of guns and ammunition, sold his business to B company for a huge sum in consideration. A, agreed with the buyer company that (i) he would not carry on the same business for 25 years, and (i) he would not engage in any being business competing or liable to compete in any way with the business for the time being caried by the company. Decide the validity of the agreement entered between A, the seller of goodwill and B company, the buyer of goodwill? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about A, a manufacturer of guns and ammunition, sold his business to B company for a huge sum in consideration. A, agreed with the buyer company that (i) he would not carry on the same business for 25 years, and (i) he would not engage in any being business competing or liable to compete in any way with the business for the time being caried by the company. Decide the validity of the agreement entered between A, the seller of goodwill and B company, the buyer of goodwill? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for A, a manufacturer of guns and ammunition, sold his business to B company for a huge sum in consideration. A, agreed with the buyer company that (i) he would not carry on the same business for 25 years, and (i) he would not engage in any being business competing or liable to compete in any way with the business for the time being caried by the company. Decide the validity of the agreement entered between A, the seller of goodwill and B company, the buyer of goodwill?.
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