Murray V. Accounting Center & Tax Services, Inc., et al Part2 Case Study Questions for Analysis 1. What is a summary judgmentmotion? What must be proven for a successful summary judgmentmotion? Who has the initial burden? What is that burden? Whathappen when the burden shifts to other party? What is that party’sresponsibility at that point? 2. Who is the assignor in thisassignment? Who is the assignee? Who is the obligor? Explain. 3.The court labels the transfer of Murray’s employment andnon-compete agreement from Roberts to Pinkleman as an assignment.Is the court correct or are is the transfer actually a novation?Explain. 4. The court concludes that Roberts had no duty to givenotice of the assignment (if it was an assignment) to Murray? Isthe court correct her? Explain 5. As we learned in Chapter 12, thelaw states that “a party may not delegate duties that are of apersonal or professional nature.” Is that what happen in this case?Why are why not? 6. Has the assignor transferred any warranties tothe assignee in this case? If not, why not? If so, what are they?7. What are the limits that are placed in Murray in the NoncompeteAgreement? 8. How does the court evaluate these limits? Are theyfair or unfair? Do you agree or disagree with the court? Explain.9. What consideration did Roberts transfer to Murray for hersignature on the non-compete agreement? Is this considerationadequate? Explain. What consideration did Pinkleman promise totransfer to Murray for her signature on the noncompete agreement?Would the consideration have been adequate? Why or why not? 10. Ingeneral, noncompete agreements like the one in this case are notfavored by law. Why is this so?
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