If my contract states that "I can't engage in any restaurant related business within 50 miles of the establishment", does that cover a food truck?

Question Details: Can I own and operate a food truck, or work for any food places, without voiding the contract? I sold a pizza shop 3 months ago. Now I want to make living, so can I operate a food truck or even work for food center without voiding contract?

Asked on 10/8/2018 under: Business North Carolina

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SJZ, Member, New York Bar / FreeAdvice Contributing Attorney Answered 1 year ago | Contributor

If the contract defines what is restaurant related, that definition controls: when a contract contains a definition, the law uses it. So if there is a definition of restaurant-related, refer to it.
If there is no definition, if they sued you to enforce the contract against you, a court would have to decide what is "restaurant related." I suspect a food truck would be found to be restaurant related, especially since food trucks have become more upscale and are seen as legitimate substitutes for or alternatives to restaurants. You may have to relocate outside the 50-mile radius (or just drive at least 50 miles to work) to be sure you can operate in anything related to restaurants without being sued.

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