The court should grant the relief requested by Lothario in the lawsuit. As stipulated by the general principles law, the agreement was legal because its performance was not criminal. This makes him entitled to the aid of the court. The agreement stated that Esperanza was not to directly or indirectly compete that business within Santa Fe New Mexico County. Esperanza was also not to do so within 100 miles of the border of Santa Fe New Mexico. The agreement also has a time frame of seven years which Esperanza should have kept. He goes ahead, conducts business indirectly, and starts advertising the company within the county. By so doing, Esperanza breaks the good faith and fairness law. This means that he is doing something that affects destroying the right of Lothario to receive the fruits of the contract.
Esperanza conducts business indirectly by working for his wife and through advertisement starts doing business with some of Lothario’s clients. This is against the contract that prohibited him from conducting business with the same clients. This also means that he is breaking the agreement not to compete with the company. There was a presence of a valid covenant between the seller and the buyer. The seller, in this case, goes in contrary to the agreement of the sale of the business. He goes indirectly into business and offers services within the same geographical area, and is in violation of the period that was agreed.
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Relief should be granted to Lothario because none of the agreements that were in the contract were kept. However, the deal only mentioned that Esperanza was not to conduct business within 100 miles of the border and not within 250 miles. This part of the agreement can only be upheld up to what the contract stated. That is within 100 miles, which was in the contract.
