Chapter 9  assignment: Essay question  2,3.4,5, page 231-232

Chapter 10 assignment: Essay question  1,2,3,4, page 254


Case: Davis v. Mason

Facts: Davis apprenticed himself to Mason, a surgeon/apothecary in Thetford, England. They agreed that if Davis left the practice, he would not set up a competing establishment within 10 miles of Thetford within 14 years. Davis promised to pay 200 pounds if he violated the agreement. Mason dismissed Davis, who then established his own practice within 10 miles of Thetford. Mason sued for 200 pounds.

Davis acknowledged the agreement, but argued that 14 years was too long a restriction, and 10 miles too great a distance. He added an additional policy argument, saying that it was harmful to the public health to restrict a doctor from practicing his profession. Finally, he said that his “consideration” was too great: he did not receive anything worth 200 pounds from Mason.

Issue: Was the contract too unreasonable to enforce?

Question: Davis made three primary arguments. What were they?

Must have citation.