United States Law/California Performance Tests/2014
Feb 2013 PT-A edit
Hospital v. Doc edit
- Objective Memo for Clients
- Find what the law is
- Read the LIBRARY first
File edit
Library edit
Key Issues edit
1. Consideration edit
2. CMS Protectable Interest edit
- Patient base and network of referral sources
3. Scope of the Restrictive Covenant edit
- Scope- Duration
- Scope- Geographic Restriction
- Scope- Activity Prevented: no exception for emergency and over broad
4. Public Policy edit
- per se unreasonable
- Undue hardship to the physician
- Availability of other physicians
- Patient Physician Choice: interferes with the patients' choice of doctors
Feb 2013 PT-B edit
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