ASSIGNMENT ONE –

1. Read the case  Access Organics v HernandezLinks to an external site. 
2. Watch theyoutube video on past consideration in contracts.Links to an external site.
3. Carefully EXPLAIN in your own words (do not copy from the case) each of the statements below and then explain who won and why. 

Instructions

First, read the Access Organic case above. Second, watch the youtube video above. Third, explain the following statements in your answer (repeat and number each of the statements followed by your response): 

1. The non-compete agreement provided in relevant part: For good
   consideration and as an inducement for Access Organics (the Company) to employ
   Andy Hernandez, the undersigned Employee hereby agrees not to directly or
   indirectly compete with the business of the Company and it successors and assigns
   during the period of employment and for a period of two years following termination
   of employment.
2. The District Court granted the temporary restraining order, which stated:
   “Defendants are restrained from owning, operating, and managing any
   business engaged in the same business as Access Organics, Inc.
3. Access Organics contends that Hernandez’s salary and continued employment
   supplied sufficient consideration. Section 28-2-801, MCA, provides that
   “[a]ny benefit conferred or agreed to be conferred upon the promisor by any
   other person, to which the promisor is not lawfully entitled, or any prejudice
   suffered or agreed to be suffered by such person, other than such as
   he is at the time of consent lawfully bound to suffer, as an inducement to the promisor
   is a good consideration for a promise.”
4. Consideration exists if the employee enters into the non-compete agreement at
   the time of hiring. During pre-employment negotiations, the employee and the
   employer engage in a bargained-for exchange: the employer obtains the desired
   non-compete agreement, and in return, the employee receives employment.
5. However, Hernandez signed the agreement more than four months after accepting his initial employment offer from Access Organics. The record clearly shows that the agreement was not signed as part of Access Organics’ pre-employment negotiations with Hernandez

THEN, explain who won the case and why

ASSIGNMENT TWO – 

Discussion #4: “Online Transactions”

Instructions

For this discussion, please answer the following:

1. What is the current state of technology for protecting online transactions?
2. How can a party be assured that the negotiation and transmission of a contract online is secure?
3. How can the performance of a contract be monitored online?
4. Are there any other protection or monitoring strategies you can suggest?

Here is an articleLinks to an external site. to consider in your discussions. You can also do your own research to further your points. 

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