Legal Question in Business Law in Florida

i entered a joint business contract with someone for one year, Now the year is up i would like to start my own business. Here's the problem. in this 1 year contract. i can not start the same business for 1 year, and nor can i start within a 15mile radius. Now my name is the only one on this contract. I would like to know if my wife or a friend can start up the same business in the same location without me, and without any legal actions


Asked on 10/25/10, 10:07 am

2 Answers from Attorneys
Richard Kaplan

Maybe, but if you are involved in any way it probably is the same as if you did it yourself. Therefore, you couldn't get any benefit out of it and you could still be in violation.

You need to read your contract. If drafted properly, it would be very comprehensive to lock you out. Even your wife may not be able to do it. Plus why or how would your friend start it without your abilities. So they probably would have difficulty being successful.

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Answered on 10/30/10, 11:39 am
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. The key is to analyze exactly what you signed. Consult with a good business attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

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Answered on 10/30/10, 4:33 pm


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