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SU Week 2 Contract Agreement Intellectual Property Discussion

 

I’m working on a law discussion question and need an explanation and answer to help me learn.

Scenario 1—Contracts

Dr. Delgado, a pediatrician entered into an employment agreement with the All Children’s Hospital. According to the contract, after termination of her employment for any reason, Delgado could not compete with the hospital by working within a 100-mile radius of it for two years. One year after resigning from the hospital, Dr. Delgado opened her own pediatric practice within 75 miles of the hospital and began seeing patients. All Children’s Hospital filed a breach-of-contract lawsuit against her.

  • Provide potential arguments for both parties regarding the breach of the non-compete contract lawsuit. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario 2—Intellectual Property

Professor Klug teaches tort law for Las Vegas School of Law, a for-profit law school. Several times during the semester, the professor made copies of various articles and distributed them to his students. Unbeknownst to Klug, the daughter of one of the article’s authors was a student in his class. The daughter told her father about Klug’s copying, which took place without the father’s or publisher’s permission. The father sues Klug for copyright infringement. Klug claims protection under the fair use doctrine.

  • Provide arguments for each party. Determine which party will win. Provide support for the arguments and the final answer with cases or scholarly articles from the South University Online Library.