Case Study: Cole Compete With Baby Products

The most important factor that the court should consider is that Cole was hired to develop an e-commerce strategy and then breached the non-compete clause in his contract to directly compete with his previous employer. Whether or not Cole actually develops and implements the strategy is immaterial, as the question does not explicitly state that the work to be performed is in the contract. Only that Cole cannot compete with Baby Products, Inc. neither during nor after employment with the aforementioned company. In fact, consideration is an important factor that did not exist in this case. Consideration occurs “when the promisor receives some benefit for his promise and the promisee gives up something in return” (Advanced Business law and the
Legal Environment, 2014, pg.368). In this case, Cole gave up his right to compete; however, Baby Products Inc. did not give anything up in return. Consideration did not exist in this case and will be the issue that the courts consider.