R, an optical surgeon, employs S as the assistant for a term of three ...
The contract between R and S is:Valid.
Explanation:The contract between R and S, where S agrees not to practice as a surgeon for a term of three years, is considered valid. Here's why:
1. Voluntary agreement:- Both parties, R and S, have willingly entered into the contract.
- There is no evidence of coercion or duress.
2. Legal capacity:- Both R and S have the legal capacity to enter into a contract.
- They have the necessary qualifications and competence to understand the terms and implications of the agreement.
3. Consideration:- In this contract, R provides S with employment as an assistant, while S agrees not to practice as a surgeon for three years.
- Both parties receive something of value in return for their promises.
4. Legality of the contract:- The contract does not involve any illegal activities or purposes.
- It is not against public policy or prohibited by law.
- The restriction on S not practicing as a surgeon for three years is a reasonable condition for the employment agreement.
5. Duration and scope:- The contract specifies a clear term of three years.
- The restriction on S's practice is limited to the field of surgery, which is directly related to R's profession.
Therefore, considering the voluntary agreement, legal capacity, consideration, legality, and the duration and scope of the contract, it can be concluded that the contract is valid.