United States Law/California Performance Tests/2014

Feb 2013 PT-A

Hospital v. Doc

• Objective Memo for Clients
• Find what the law is
• Read the LIBRARY first

Library

2. CMS Protectable Interest

• Patient base and network of referral sources

3. Scope of the Restrictive Covenant

1. Scope- Duration
2. Scope- Geographic Restriction
3. Scope- Activity Prevented: no exception for emergency and over broad

4. Public Policy

1. per se unreasonable
2. Undue hardship to the physician
3. Availability of other physicians
4. Patient Physician Choice: interferes with the patients' choice of doctors

Feb 2013 PT-B

There is an enforceable logging agreement

Confirmatory Memo Rule 1. Merchant 2. Memo is sent within a reasonable time after the oral agreement 3. Confirms the oral agreement 4. Memo is good against the sender

Signed Terms

5. Recipient receives the memo

6 Receipient has reason to know of its content

7. Recipient does not object within 10 days

Terms of agreement

1. Marking the tree

2. Cut the road

3. Temporary storage

4. Burn the slash

5. Obtaining environmental permits

6. Replanting

7. Price

Section 2-207 Damages