BUSAD 120 Lecture Notes - Lecture 19: Standard Form Contract, Convenience Store, Tacitus
Document Summary
Two competing photocopy machine providers were in competition for customers. Copiscope and trm are 2 photocopy machine providers. Trm representatives make contracts with convenience stores to place machines in the stores, and share revenue with the store operators. Trm would handle the maintenance of the machine, store just needs to provide electricity and a space to place the machine. Copiscope representatives went to at least 21 convenience stores that already has. Trm machines and offered the stores a better deal to switch to copiscope machines. Copiscope was aware of this non-competition clause and drew up documents (prepared the 30 day cancelation clause for each of the trm customers switching to. Copiscope) to give notice of cancellation to trm on behalf that switch to copiscope. Copiscope claims non-competition clause is invalid because it is unreasonable. Convenience store owners are the weaker party and were not able to negotiate the non-competition clause out of the contract.