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My son, a minor, did some contract IT work for someone in Canada.

Resolved Question:

My son, a minor, did some contract IT work for someone in Canada. The contract had a 1-year non-compete clause (expires February, 2014). The IT worked involved software for a website owned by the individual from Canada. This individual is now attempting to enforce the non-compete clause against my son (who is still a minor), alleging that my son's website is similar to the one owned by the Canadian individual.

Can my son be held to a non-compete clause as a minor?
Could a Canadian court issue an injunction against his US based website?
Submitted: 11 months ago.
Category: Business Law
Expert:  John replied 11 months ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

You present a couple of issues here. First, your son being a minor is not legally capable of contracting with any party. Thus the contract would be voidable at your son's will, meaning he's free to disregard it.

Second you ask a question of jurisdiction for an injunction and misappropriation of company proprietary information (even though most website designs are close to being public information and easy to copy...from what I understand anyway). A person in Canada cannot file a lawsuit in a Canadian court and expect a U.S. based website to pull it down. He'd have to file in a jurisdiction in the U.S., in your state venue. Then he'd have to motion the court for an injunction to have it pulled down claiming irreparable damage and eventually prove the misappropriation or the court would lift the injunction. In short he'd have no authority to demand it be taken down absent a lawsuit in your state jurisdiction.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Attorney
Category: Business Law
Satisfied Customers: 2868
Experience: Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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